In this document, capitalized terms have the following meanings:
Company: Lisolastore S.R.L., with registered office in Milan – c.a.p. 20121, Via Volta 5 – Italy, C.F./P. IVA 10136820965 – Register of Companies of the Chamber of Commerce of Milan, Monza Brianza and Lodi MI-2508906 – E-mail INFO@LISOLASTORE.IT – PEC LISOLASTORE@PEC.NET.
Contract: any contract between the Company and the User for the purchase of the Products. These Terms and Conditions shall be deemed to be an integral part of each Agreement.
Order: the offer by the User through the Site to purchase one or more Products from the Company, including Pre-Orders where applicable.
Pre-Order: the offer made by the User through the Site to purchase one or more Products that are not yet available for delivery by the Company.
Products: the goods offered for sale through the Site, as specified below (individually, the "Product").
T&C: these terms and conditions of sale for buyers through the Site <www.lisolastore.it>
Site: the website <www.lisolastore.it> and any other site published by the Company from time to time.
"User" or "Users" or "You" or "your" refers to the subjects who visit the Site and/or send an Order.
2.1The Products offered on the Site and the navigation on the same as well as all the features connected and made available therein are governed by these T&C.
2.2By accessing, browsing and using the Site, as well as using any content, product or service available on it, as well as placing an Order, the User agrees to be bound by these T&Cs. The User is asked to read these T&Cs carefully and make sure that he has understood them before using the Site and / or placing an Order. If the User does not accept and does not share these T&Cs, he must immediately stop browsing and using the Site and must not place any Order through the Site itself.
2.3These T&Cs are available at any time for consultation in the "Terms and Conditions" section of the Site. These T&Cs may be printed, reproduced or saved on a durable medium. Please download and keep copies of these T&Cs.
2.4These T&Cs may be modified at any time. Any modification will be effective and binding from the date of publication on the Site and will apply to all Orders placed from that date. The User agrees from now on to be bound by these changes and is therefore invited to visit this page periodically to learn about the T&C in force. The T&Cs applicable to the User are those in force at the time an Order is placed and/or the User interacts through the Site.
3.1The purchase of Products on the Site is allowed only to persons who have reached the age of majority and who are consumers, meaning for such the natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out.
3.2You are permitted to purchase multiple Products with the same order. The Company also reserves the right not to accept a multiple Order if it concerns more than <100> pieces of the same article.
3.3 In the event of violation of these prohibitions or in the case of Orders, from anyone coming, which are abnormal in relation to the quantity of products purchased or the frequency of purchases made, the Company reserves the right to take all necessary actions to stop the irregularities, including the non-acceptance or cancellation of irregular Orders or the suspension of access to the Site or the cancellation of registration on the Site.
4.1The offers of Products on the Site are not binding on the Company and do not constitute an offer to the public, but constitute an invitation to the User to submit to the Company Orders for Products available on the Site.
4.2The only Products offered for sale are those shown on the Site at the time the Order is placed, as indicated and described on the relevant web pages.
4.3 Each Product selected by the User can be viewed on a special page of the Site containing the description of the Product itself, main characteristics, images and unit price (including VAT, where applicable), shipping costs and any additional costs, different colors and sizes, models and sizes available.
4.4In any case, it is understood that the images accompanying the description of a Product are for information purposes only and may not be perfectly representative of its characteristics but differ, for example, in color and size (also due to the browser and monitor used for access to the Site and the display of images). The Company does not provide any guarantee and assumes no responsibility in relation to the absolute accuracy and correspondence of the graphic reproductions of the Products on the Site.
4.5When selecting one or more Products, the User places them in his/her shopping cart. A brief summary of the selected Product(s), including indication of size or size, will be shown in the shopping cart together with one or more representative images of that Product(s).
4.6To place an Order, the User must complete the appropriate form available on the Site, after registration and creation of a personal account (see Article 5 below).
4.7The purchase procedure on the Site allows the User to check and modify any error before forwarding the Order to the Company. The User is therefore asked to read and verify his order at each stage of the relevant procedure. The User is required to verify the correctness of the contents of the cart before confirming the Order as well as the correctness of the information provided, and must expressly confirm that he has read and accepted these T&Cs. After verifying the data relating to the selected Product/Products, the User must choose the payment method. The payment procedure is completed when the User selects the "Confirm Order" option on the Order summary page. At that time, the Order is directly transmitted to the Company and must be considered as a binding contractual proposal.
4.8After transmitting the Order, the User will receive by e-mail (to the address indicated by the User during the purchase procedure) an order confirmation from the Company. This confirmation summarizes the Products chosen, their prices (including delivery costs), the delivery address, the order number and any other conditions applicable to the order. The User undertakes to verify the correctness of the data and to immediately notify the Supplier of any corrections. Possible increases in expenses caused by errors in the data not reported promptly, will be borne by the User. Receipt of the aforementioned confirmation e-mail does not mean that the Order has been accepted by the Company. The acceptance of the Order will take place as described in the following art. 4.9.
4.9 The Company will confirm the acceptance of the Order by sending an e-mail to the User confirming that the Products have been shipped (the "Shipping Confirmation"). The Contract between the Company and the User will be concluded only when the Company has sent said Shipping Confirmation and will be governed by these T&Cs to the exclusion of any other terms or conditions (including terms or conditions that the User should presume as applicable).
4.10The Company is not obliged to accept any Order. The Company reserves the right to refuse Orders from a User who deems it unsuitable to fulfill its obligations (as in the case, by way of example only and not at all, of a previous violation of the contractual provisions for online purchase through the Site), from a User who has been involved in fraud of any kind (in particular, in fraud related to credit card payments) or by a User who has issued false, incomplete or otherwise inaccurate identification data.
4.11If the Company is unable to supply a Product (for example because it is out of production or no longer available or due to the impossibility of complying with the delivery terms or due to an error in the price indicated on the Site), the User will be informed by e-mail and the Company will not proceed to process the Order. If the User has already paid for the Products, the Company will refund him as soon as possible for the full amount, including shipping costs.
4.12The Order form will be kept in the Company's database for the time necessary for the execution of the Contract and, in any case, within the terms of the law. In order to access their Order and follow its progress, the User can access the appropriate section "My Account – Orders" on the Site.
5.1The purchase of Products on the Site can be made after registration on the Site. Registration on the Site is free.
5.2To register on the Site, the User must fill in the appropriate form, entering name, surname, shipping address, contacts and e-mail address, setting a password and clicking on "Register". The successful registration on the Site will be confirmed to the User through a special e-mail.
5.3Registration on the Site, by opening a personal account called "My Account", allows the user to:
5.4The registration credentials (e-mail address and password) allow the User to make purchases on the Site and must be kept with extreme care and attention. Registration credentials can only be used by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them. He also undertakes to immediately inform the Company in the event that he suspects or becomes aware of improper use or undue disclosure of the same.
5.5The User guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold the Company harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the User of the rules on registration on the Site or on the conservation of registration credentials.
5.6Registration on the Site and/or purchase through the Site constitute acceptance of these T&Cs.
6.1The Products offered on the Site are those present in the electronic catalog published on the Site at the time the Order is placed by the User.
6.2The availability of the Products is monitored and updated. However, since the Site can be visited by several users at the same time, it may happen that several users purchase, at the same time, the same Product. In such cases, therefore, the Product may be available for a short period of time, while it is instead out of stock or not immediately available. It is therefore possible that there may be occasional total or partial unavailability of the Products on sale. In this case, without this entailing any liability for the Company, the latter will promptly notify the User by e-mail or telephone (to the number provided by the User). The Contract will consequently be concluded only with reference to the products that are available and the User will be offered the opportunity to place a new order directly with new access to the Site. If the User has already paid for the Products, the Company will refund him as soon as possible for the relative amount, including shipping costs (see art. 4.11 above).
6.3The Company reserves the right to change or update the Products offered on the Site at any time, without prior notice.
6.4Without prejudice to the provisions of the foregoing, the Company reserves the right to offer the User the opportunity to purchase a preview of certain Products, although not available at the time they are included in the electronic catalog of the Site, therefore before their realization or actual availability ("Pre-Order Products"). Each Product in Pre-Order will be identified by the relative wording "Pre-Order". For each Pre-Order Product, as well as during the purchase process and, in any case, before the User is bound by the Pre-Order Product Purchase Contract, the date from which the Pre-Order Product will become available will be indicated. The Pre-Order Products may be purchased and paid for by the User in the same manner and according to the same procedure referred to in these T&Cs. Once the relevant Purchase Contract has been concluded, the User will receive an order confirmation e-mail specifically referring to the Pre-Order Products.
7.1The prices of all the Products sold on the Site are expressed in Euros (€) and are inclusive of VAT at the rate in force in Italy (the "Price").
7.2 The Price does not include shipping costs. The Company reserves the right to request from Users a contribution to shipping costs that may vary depending on the type of delivery, the quantity of products to be delivered, their weight and their destination. The contribution requested by the Company for shipping costs is indicated, separately from the Price, before the Order is sent by the User and will be paid together with the payment of the Price. The total amount, together with the shipping costs borne by the User, if any, will be highlighted on the Order summary page displayed at the completion of the relevant purchase procedure, as well as in the acceptance e-mail.
7.3 If the Products are to be delivered outside the Italian territory, the User will be responsible, and must promptly pay to the extent required, the taxes and duties due for the import of the Products into the relevant jurisdiction.
7.4The Company reserves the right to change the price of the Products, at any time and without prior notice, it being understood that the price charged to the User will be the one indicated on the Site at the time the Order is placed and that any changes (increasing or decreasing) subsequent to the transmission of the same will not be taken into account. In the event that a Product is offered on the Site at a discounted price, the full reference price with respect to which the discount is calculated will be indicated.
7.5The Company only accepts payments made by credit card, PayPal, bank transfer. In case of payment by bank transfer, Users must make the transfer to the coordinates indicated on the Site, specifying in the reason for payment the order number reported by the Company at the time of sending the Order confirmation. The costs for transfers made from non-European current accounts will be borne exclusively by the User. In the case of payment by bank transfer, the delivery times of the Products will start from the date of receipt by the Company of the transfer or the receipt of the transfer.
7.6The Company is not responsible for any fraudulent and unlawful use by third parties of credit cards and other means of payment. The Company at no time during the purchase procedure is able to know the details of the User's credit card, which will be transmitted directly to the Bank managing the service. Likewise, the Company is not able to check the correct and lawful origin of the credit title used by the User.
7.7The Company will ship the Products only after receiving confirmation of the successful payment made by the User. The risk of loss or damage to the Products for reasons not attributable to the Company will be transferred to the User, when the latter or a third party designated by him and other than the carrier will physically come into possession of the Products.
7.8For Users who are resident, domiciled or identified in Italy for VAT purposes, it will be possible to request, through a special form available on the Site, the electronic invoice, which will be issued and stored in accordance with current Italian tax regulations.
7.9In the event that one or more products are unavailable, the User will be contacted in accordance with the provisions of articles 4.11 and 6.
8.1The Products will be shipped to the delivery postal address indicated by the User in the Order. The Company will not accept or give rise to the shipment of any Order of which it is not possible to identify the person who made it, the recipient of the Products ordered or the delivery address. The Company reserves the right to accept or not to accept deliveries requested outside the Italian or European borders. In any case, for deliveries to be made outside the Italian borders, shipping costs and delivery times may vary. For deliveries requested in countries outside the European Union, any import customs fees will be borne by the recipient. The User is therefore invited to contact the customs authorities of his country in advance to check the costs and any import limits.
8.2The delivery methods and times are indicated to the User by the Company before the conclusion of the Order, on the page and in the confirmation email of the Order itself. The delivery costs can be viewed by the User, together with the Price, before the conclusion of the Order, on the page and in the confirmation email of the Order itself. Unless otherwise expressly provided by the User, the Company reserves the right to process the Order also through partial deliveries. The Pre-Order Products will be delivered once they have actually become available for delivery (at the end of production or replenishment).
8.3The delivery times indicated by the Company must be considered as purely indicative. The Company undertakes to do everything in its power in order to respect these times and, in any case, to carry out the delivery in a maximum time of 30 (thirty) days starting from the day following that of sending the acceptance / confirmation of shipment of the Order by the Company itself. If the User has chosen to pay by bank transfer, the delivery term will start in accordance with the provisions of art. 7.5. Delivery terms are calculated considering only working days, thus excluding Saturdays, Sundays and holidays. The Company, in any case, assumes no responsibility for disruptions attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, to execute the delivery within the times indicated.
8.4Upon delivery of the Product/Products to the carrier, an e-mail confirming the shipment will be sent to the User, containing a link that will allow you to follow the progress of the shipment. The carrier appointed by the Company will make two attempts to deliver the Products to the address indicated by the User. In the event that such attempts are unsuccessful, the Products will remain in storage at the carrier's warehouse for 5 (five) working days available to the User. In the event of failure to collect the Products by the User within the period specified above, the Order will be automatically canceled and the products returned to the Company. In this case, the transport costs will not be refunded to the User.
8.5The delivery obligation is fulfilled through the transfer of material availability or in any case control of the Products to the User.
8.6 At the time of delivery of the Products, the User is required to check that the delivery includes all and only the Products purchased and that the packaging is intact, not damaged or wet or otherwise altered, even in the closing materials (adhesive tape or metal straps). The User is required to promptly inform the Company of any defect in the Products received or their discrepancy with respect to the Order placed; otherwise the Products will be considered accepted. If the packaging of the Products should arrive at its destination clearly damaged, the User is invited to refuse delivery by the carrier or to accept delivery with reserve.
9.1The User who is a consumer, pursuant to and for the purposes of Article 52 et seq. of the Consumer Code (Legislative Decree 206/2005), has the right to withdraw from the Contract, without specifying reasons and without any penalty, within 14 (fourteen) days from
9.2To exercise the right of withdrawal, the User must inform the Company of the decision to withdraw, before the expiry of the deadline for exercising the relevant right of withdrawal. To this end, the User must fill in the appropriate form in the appropriate section of the account created by the User. Following the electronic completion of the withdrawal form, the Company will send an e-mail to the User, containing the return code to be indicated for the return shipment.
9.3In case of exercise of the right of withdrawal:
(i) the User undertakes in any case to return the Products, by express mail or express courier, within 14 (fourteen) days from the date of exercise of the right of withdrawal at <Lisolastore srl Via Volta, 5 – 20121 Milan (MI) >;
(ii) the shipping costs related to the return of the Products are the sole responsibility of the User;
(iii) the Company undertakes to refund the Price as soon as possible, and in any case within 14 (fourteen) days from the date of receipt of the returned Products, provided that they have been returned in their original condition, intact (pursuant to Article 56 of the Consumer Code) and unused, together with the original packaging / packaging and any accessories, quality labels, instruction manuals.
9.4The Company, pursuant to Article 56 of the Consumer Code, undertakes to make the refund by the same means of payment used by the User.
9.5The Company will not give rise to any refund of the Price if the User exercises the right of withdrawal in a manner that does not comply with the methods and terms referred to in the withdrawal procedure and in this article.
9.6The Company will verify whether the returned Products are actually in their original condition; if the Products returned by the User are damaged, incomplete deteriorated and/or dirty, they will not be refunded. The right of the Company to request compensation for any damage or non-correspondence with the Products delivered to the User remains unaffected. If the return of the Products for withdrawal or return is entrusted to a carrier other than that indicated by the Company, the latter will not be responsible for the loss of Products, shipments to incorrect addresses or delays in the delivery of Products, it being understood that the User assumes all risk of such shipment.
9.7For the sake of completeness, the User may not exercise the right of withdrawal in question if one of the hypotheses of exclusion of the right of withdrawal provided for in Article 59 of the Consumer Code occurs.
9.8Finally, it should be noted that - in the event that the information obligations referred to in Article 49, paragraph 1, letter h) of the Consumer Code have not been met - the deadline for exercising the right of withdrawal is 12 (twelve) months after the end of the initial withdrawal period, as determined pursuant to art. 52, paragraph 2, Consumer Code.
10.1The Company guarantees that the Products sold are free from defects that make them unsuitable for the use for which they are intended or appreciably decrease their value.
10.2 If within two years of delivery of the Product a lack of conformity of the same is manifested, the Consumer User (as defined in Article 3 of the Consumer Code – Legislative Decree 206/05) can assert the legal guarantee by reporting the defect within the term of forfeiture of 2 months from the date of discovery of the defect. The consumer user is obliged to prove and specify the time when he discovered the defect.
10.3Unless proven otherwise, it is presumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the responsibility of the consumer User to prove that the lack of conformity already existed at the time of delivery of the same.
10.4Beyond the term of two years from the date of delivery of the Product, the Company will not be responsible for the lack of conformity found by the consumer User.
10.5Any failures or malfunctions caused by accidental events or by the User's responsibility or by a use of the Product that does not comply with its intended use and/or as provided for in the technical documentation attached to the Product are excluded from the scope of the warranty.
10.6In case of non-conformities/defects, the User may alternatively request from the Company:
(a) the free repair or replacement of the Product, at your option, unless the remedy requested is objectively impossible or excessively burdensome with respect to point (b) below;
(b) the reduction of the Price or the termination of the Contract, at its choice, in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out has caused significant inconvenience to the consumer User.
10.7In any case, for the regulation of the legal guarantee, reference is made to articles 128 ss of the Consumer Code.
10.8The non-consumer User (as defined in Article 3 of the Consumer Code) has the right to make use of the legal guarantee provided for in the Italian Civil Code, forfeiting the right to the guarantee if he does not report the defects to the Company within eight days of discovery. The User is required to prove and specify the time in which he discovered the defect. The legal guarantee for the non-consumer User is valid for a maximum period of 12 months from the delivery of the Product. Beyond this deadline, the Company will not be held responsible for the lack of conformity found by the User.
10.9In any case, the complaint must be made in writing by e-mail to the address <firstname.lastname@example.org> or by registered letter with return receipt to be sent to <Lisolastore srl Via Volta 5 - 20121 Milan>. The complaint must contain a detailed description of the nature and extent of the defect and/or defect complained of, the product identification label and a copy of the transport document or invoice. The communication without these characteristics and contents cannot be considered as a valid complaint and will not be suitable to avoid the start of the terms of forfeiture indicated above.
10.10The User must in any case keep the Products subject to complaint available to the Company to allow the necessary investigations and, where required, provide for the relative return.
10.11 The Company, having ascertained the merits of the complaint, must replace - where possible - the non-compliant or defective Products with Products of the same quantity and quality as those covered by the Contract. In this case, the Company may demand at the expense of the User the return of the defective Products.
10.12The Company will not be held responsible for any further damages and / or losses present or future suffered by the User and will respond exclusively within the limits of the value of the Products supplied and ascertained as defective.
10.13The warranty does not apply if the User does not prove that he has correctly used and stored the disputed Products.
Except in cases of willful misconduct or gross negligence, the Company will not be liable to the User in any way as a result of (i) damage or loss caused by the Products or their use by the User (without prejudice in any case to the application of the mandatory rules on producer liability); (ii) damages that are not caused by the Company's default; (iii) loss of business or business opportunity.
It is possible to request information, send communications, request assistance even after sales or forward complaints by contacting the Company's Customer Service ("Customer Service") in the following ways:
- by e-mail, to the address <email@example.com>;
- through Chat service, available on the Site.
13.1The Lisolastore trademark, as well as the set of figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logos present on the Products products made by the Company and on the related accessories and packaging, registered or not, are and remain the exclusive property of the Company. The total or partial reproduction, modification, registration or use of the aforementioned trademarks (or signs that can be confused with them), illustrations, images and logos, for any reason and on any medium - without the prior express written agreement of the Company - are prohibited.
13.2The Site and its contents (including the e-shop section) may only be used for personal and non-commercial purposes.
13.3Any combination of the aforementioned trademarks and other trademarks, symbols, logos is also prohibited. The reproduction, total or partial, modification, transfer by electronic or conventional means or the use of designs, models and patents, which are the exclusive property of the Company and are protected by current legislation on the subject, are also strictly prohibited.
13.4On the pages of the Site there may also be trademarks, company names, images, logos, owned by third parties with whom the Company has contractual and / or collaboration relationships. These trademarks are also protected by current legislation and subject to the application of the provisions of this art. 13, where compatible.
15.1The User who registers is responsible for the storage and appropriate use of all the following e-mail data, usernames, nicknames and passwords used to connect to the Site and must take all necessary measures to ensure that the same are used properly and that username and password are kept secret and not disclosed to any unauthorized person.
15.2The User who registers is responsible for any activity that is performed through his account and is liable for damages resulting from the improper use of his access data by third parties.
15.3The Registered User must immediately inform the Company if there are reasons to believe that a username (or e-mail) or password is, or is likely to be, known by persons not authorized to use them or it is likely that they are used in an unauthorized way.
15.4The registered User who forgets or loses the username or password, can recover the related data through the appropriate link.
15.5The Company reserves the right to suspend username (i.e. e-mail), nickname and password for access to the Site, if it considers that there is – or is likely to be – a security problem or unauthorized use of the same.
15.6The Registered User is responsible for the veracity of the information and personal data provided at the time of registration. The Registered User must immediately inform the Company of any change in the information and personal data provided at the time of registration or provide directly, if possible, for their updating, so that such information and personal data are constantly current, accurate, complete and truthful. In the event that they are provided, or the Company has a well-founded suspicion that false, inaccurate or incomplete information or personal data has been provided, the Company will have the right to prevent the use of the Site by the Registered User.
16.1The Company reserves the right to make, at any time, at its sole discretion, any changes, additions and/or updates it deems necessary and/or simply appropriate to the Site, the contents, programs and/or other materials contained therein and/or available through the Site itself (including these General Terms and Conditions).
16.2For clarity, any changes and/or updates made as above will not affect the Contracts already signed with the Users before such changes or updates are made.
16.3In the event that the nullity, invalidity or ineffectiveness, in whole or in part, of a provision of this Agreement is declared by any competent court, supervisory authority, such defect will not affect the remaining provisions.
17.1The Company may assign the Contract in whole or in part to any person, natural or legal person.
17.2The User may not assign the Contract or part thereof without the prior written consent of the Company.
Any communication relating to these General Terms and Conditions or, in general, to any Contract signed with the Company, must be sent by post, fax or e-mail to the addresses
19.1These General Terms and Conditions and the sales made through the Site are governed by Italian law and will be interpreted according to it, with the exclusion of the 1980 Vienna Convention on International Sale
19.2For any dispute that may arise in connection with these General Terms and Conditions and / or each sale, the court of Milan will have exclusive jurisdiction, except for the mandatory forum of the place of residence or elective domicile of the User / consumer, pursuant to the Consumer Code.
19.3It is also without prejudice to the application to consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, to the methods and formalities of the communication of the same and to the legal guarantee of conformity.
19.4Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n. 206 (Consumer Code), the Company informs the user who holds the status of consumer referred to in Article 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he has submitted a complaint directly to the Company, as a result of which it has not been possible to resolve the dispute thus arisen, the Company will provide information about the Body or Bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these Terms and Conditions (cc.dd. ADR entities, as indicated in Articles 141-bis and ss. consumer code), specifying whether or not it intends to use these bodies to resolve the dispute itself.
19.5The Company also informs the User who holds the status of consumer referred to in Article 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address https://ec.europa.eu/consumers/odr/main/?event=main.trader.register.
In any case, the right of the Consumer User to refer the matter to the competent ordinary court for the dispute arising from these Terms and Conditions, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, are reserved, Title II-bis of the Consumer Code. In addition, for any cross-border dispute relating to the application, execution and interpretation of these General Conditions of Sale, the user, who habitually resides or is domiciled in a Member State of the European Union other than Italy, may introduce the European Procedure established for small claims by Council Regulation (EC) No 861/2007 of 11 July 2007, before the competent court, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00 on the date on which the competent court receives the application form.