1.1 These General Terms and Conditions of Contract (hereinafter “General Terms and Conditions“), together with any attached documents, regulate the contractual relationship, which is concluded on the website www.shop.romilochdavis.com between LOCH DAVIS ROSEMARY with registered office in SESTIERE CANNAREGIO 6091, 30121 – VENEZIA Venice, Italy), Tax Code LCHRMR65C44Z347K, VAT no. 04202480275, email: email@example.com (hereinafter “Loch Davis”) and the buyer/user (hereinafter “Customer”) for the sale of goods, concluded through the website www.shop.romilochdavis.com..
1.2 The technical characteristics of each product and service are indicated on the website www.shop.romilochdavis.com and on the explanatory emails that Loch Davis may send to the Customer. By clicking on “Compose your handbag”, Customers can create their own personalised product, know in advance the price of the purchased product, enter their data and – after compulsorily checking “Terms and Conditions” and “Privacy” – send your order request, using the “Submit your inquiry form” button, after this, you will receive an email with the subject “thank you for your inquiry form’, and will be quickly contacted by Loch Davis as the Seller for the details of the order, the confirmation of the price and the indication of the IBAN in order to complete the payment by bank transfer. or other agi
1.3 The products are sold by Loch Davis, through the internet, in the manner described online on the company website www.shop.romilochdavis.com and with the technical and economic characteristics described therein that the Customer, by accepting the following General Terms and Conditions, explicitly declares they know and accept. The offer of the aforementioned products is open-ended, without prejudice to Loch Davis’s right to suspend and/or revoke it at any time. Any additional services with respect to those set forth in the offer may only be provided by Loch Davis following a specific, additional, written request forwarded by the Customer in a manner to be defined from time to time between the Parties.
1.4 These General Terms and Conditions have been drafted and prepared in compliance and in accordance with the provisions contained in Italian Legislative Decree 206/2005 (Consumer Code) and Italian. Law 40/2007 (Urgent measures for the protection of consumers, the promotion of competition, the development of economic activities and the establishment of new businesses); they are of a general nature and may be subject to changes made necessary by subsequent legal provisions and/or regulations.
2) Conclusion of the Contract
2.1 The full completion of the order request form by the Customer and the digital signature (by “click”), applied at the time of registration on the website www.shop.romilochdavis.com, of these General Terms and Conditions constitute full acceptance by the Customer of the same, as well as of the contents of the documents, rules, provisions, and procedures referred to therein, making them binding on the Customer even before the conclusion of the contract.
2.2 The Contract is concluded on the date of payment, by bank transfer or other agreed form of payment, by the Customer, of each individual product. It is understood that after 5 (five) days from the date of any order confirmation, in the absence of receipt by Loch Davis of the payment within the terms indicated above, the order will be cancelled and deleted, with no prior notice; the Customer acknowledges and accepts that they will not be able to make any claim against Loch Davis and relieves Loch Davis as of now, from any liability in reference to the cancellation of the order. Any sums received in payment from Loch Davis in respect of a cancelled order will be made available to the Customer.
3) Price, Duties, Taxes and Payment
3.1 The payment of the amount due for the product ordered must be made by the Customer at the same time as or after the purchase procedure described above – by bank transfer or other agreed form of payment – and, in any case, in advance of the shipment of the product. The price of each individual product is determined on the basis of the rates in force at the time of the order on the website WWW.shop.romilochdavis.com. All invoiced amounts shall be subject to VAT, which, together with any other tax charges deriving from the execution of the contract, shall be borne by the Customer.
3.2 Customers may not assert any rights or raise any exceptions of any kind if they have not first correctly made the required payments. In the event that the price is not paid, or the payment is not confirmed, or credited to Loch Davis, the latter reserves the right to suspend or interrupt the supply of the product with immediate effect, if the same has already been activated, as indicated in clause 13 below.
3.3 Should the ordered products be delivered outside Italy, the Customer may be subject to import duties and taxes, payable once the package reaches its specified destination. Any additional customs clearance costs will be charged to the Customer.
4.1 The Customer acknowledges and accepts that the shipping of the product will commence at the moment of the conclusion of the Contract, which Loch Davis will communicate to the Customer by e mail.
4.2 Loch Davis reserves the right not to proceed with the shipment of the product, at her sole discretion, in cases where: a) the Customer, when paying by bank transfer or other agreed form of payment, does not make the payment within five (5) days from the order; b) the Customer does not provide Loch Davis with the documentation requested by the latter, or provides false data or data that Loch Davis suspects to be false; c) the Customer is registered in the register of protested entities or subjected to executive procedures; d) the Customer is admitted or subjected to bankruptcy procedures; e) there are technical, organisational or other reasons that are an obstacle. Loch Davis will notify the Customer of the non shipment of the product, without having to indicate the reasons, and will only be obliged to return to the Customer the amount that has been received in payment, with no further charges. It is understood that no interest of any kind shall be due on this sum. The Customer acknowledges and accepts that they are only entitled to the reimbursement of the price paid to Loch Davis and that they cannot make any claims for compensation, damages, or any other kind of claim against Loch Davis.
5) Authentication credentials
5.1 The website www.shop.romilochdavis.com may be accessed using an identification code (login) and a keyword (password) chosen by the Customer and known only to the Customer. The Customer acknowledges and accepts that knowledge by third parties of their authentication credentials could allow the latter to make unauthorised use of the services in their name; the Customer therefore undertakes to keep and use such credentials with the utmost confidentiality and diligence. The Customer also undertakes to promptly notify Loch Davis in writing of any unauthorised use of their login and password and any other security breach of which the Customer may become aware, including theft, misplacement or loss.
5.2 The Customer acknowledges and accepts that Loch Davis reserves the right to change, should it be necessary, the management codes (login and password), which will be promptly communicated to the same, by sending them to the reference e-mail address indicated in the order.
6) Website functionality
6.1 The website will normally be active 24 (twenty-four) hours a day; however, the Customer acknowledges and accepts that Loch Davis may suspend or interrupt the functionality of the website www.shop.romilochdavis.com in order to allow the performance of ordinary or extraordinary maintenance work that may be appropriate or necessary. In such cases, Loch Davis undertakes to perform the aforementioned interventions in the shortest time possible in order to reduce the inconvenience caused to the Customer. The Customer shall not claim any compensation, reimbursement, or indemnity from Loch Davis for such suspensions or interruptions.
7) Changes to services and to the terms and conditions of the offer
7.1 The Customer acknowledges and accepts that Loch Davis reserves the right to change and modify the terms and conditions of the offer at any time and without prior notice. It is understood that contracts concluded prior to any change or amendment will be accepted and fulfilled in their entirety under the agreed conditions.
7.2 In the event that Loch Davis amends these General Terms and Conditions, these changes will be communicated to the Customer by e-mail or by posting on the website www.shop.romilochdavis.com. The aforementioned changes will take effect 30 (thirty) days from the date of their communication. Within the same period of time, if the contract has not been completed and the change is material the Customer may exercise the right to withdraw from the contract by sending a written notice by email and by registered mail with return receipt to LOCH DAVIS ROSEMARY with registered office in SESTIERE CANNAREGIO 6091. 30121 – VENEZIA Venice, Italy]. If the Customer does not exercise the right to withdraw, within the terms and in the manner indicated above, the changes will be considered definitively known and accepted by the Customer.
7.3 Loch Davis reserves the right, at the sole discretion of Loch Davis to modify the functionality of the system (website), as well as to change its structure. Loch Davis cannot be held responsible for any direct or indirect damage resulting from the activation and/or interruption of services.
8) Assignment of Contract
The Customer may not transfer the Contract or any of the Customer’s rights and/or obligations to Third Parties, either in whole or in part. Pursuant to Article 1407 of the Italian Civil Code, the Customer hereby agrees that Loch Davis can assign to Third Parties, as a whole or in part, this Contract and/or the rights and obligations arising from this Contract.
9) Customer data
The Customer undertakes to communicate their personal data necessary for the complete and correct execution of the contract to Loch Davis; the Customer also warrants under their own personal and exclusive responsibility, that the aforementioned data are correct, updated, and accurate allowing to identify the true identity of the Customer. The Customer undertakes to notify Loch Davis of any changes in the data provided, promptly and in any case no later than 15 (fifteen) days from the occurrence of the aforementioned change, and also to provide at any time, upon request by Loch Davis, adequate proof of their identity, domicile, or residence and, if applicable, of their capacity as legal representative of the legal entity making the request or in whose name the request is made. Upon receipt of the aforementioned communication, Loch Davis may request additional documentation from the Customer aimed at proving the communicated changes. In the event that the Customer fails to provide Loch Davis with the aforementioned communication or requested documentation, or in the event that the Customer has provided Loch Davis with data that is false, not current or incomplete, or data that Loch Davis has reason, at its sole discretion, to believe to be such, Loch Davis reserves the right to: a) reject the request forwarded by the Customer; b) suspend the services with immediate effect, without notice and indefinitely; c) cancel and/or interrupt without notice any data modification operations; d) terminate the contract, withholding as a penalty the amounts paid by the Customer. This is without prejudice, in any case, to Loch Davis’s right to request compensation for damages from the Customer and it is also understood that the Customer may not make any claims for reimbursement, compensation or further damages against Loch Davis.
10) Obligations, prohibitions, and responsibilities of the Customer
10.1 The Customer warrants to be equipped, at the Customer’s own expense and under the Customer’s own responsibility, with all the necessary means to access and use the website www.shop.romilochdavis.com. The Customer must use equipment and accessories approved according to European standards, in perfect working order and such as not to cause disturbance or damage to the website. The Customer is the sole party liable for the use of the aforementioned equipment and the website, and the Customer agrees, as of now, to hold Loch Davis harmless from any consequent cost, burden, damage, or compensation that the same should suffer for the facts described above. Indeed, Loch Davis does not guarantee the compatibility of the equipment and programs (hardware and software) used by the Customer with the website www.shop.romilochdavis.com, since all the relative verifications are the sole responsibility of the Customer.
10.2 It is expressly understood that Loch Davis is not subject to any general obligation to monitor, and therefore does not control or monitor the conduct or actions carried out by the Customer through the website www.shop.romilochdavis.com, nor does it control or monitor the information, data, or contents entered or processed by the Customer or their agents or employees.
10.3 The Customer undertakes to use the website www.shop.romilochdavis.com exclusively for purposes that are lawful and permitted by the provisions of the law applicable from time to time, by the uses and customs, by the rules of diligence and in any case, without infringing any rights of third parties, assuming all responsibility in this sense. For example, the Customer undertakes: a) to use the website www.shop.romilochdavis.com in compliance with the intellectual and/or industrial property rights of Loch Davis or of Third Parties, whether registered or not, and to ensure that any material placed on the Internet, including through the services offered by Loch Davis, is in its legitimate and complete possession, does not contravene any mandatory regulations, does not violate any copyrights, trademarks, patents or other rights of Third Parties or of Loch Davis protected by law or contract; b) not to use or allow third parties to use, directly or indirectly, the website www.shop.romilochdavis.com in violation of current legislation, morality or public order, in order to breach the public or private peace, to cause offence, direct or indirect damage to anyone, including himself or herself or in any case in order to violate or cause direct or indirect contravention of the current Italian laws or in any case in such a way as to cause damage or harm, in any way or form, to the image and trademarks owned by Loch Davis; c) to keep the access codes related to the domain (login e password) confidential and not to transfer them to third parties, therefore taking responsibility for their safekeeping towards Loch Davis and Third Parties, and to change their password at least every three months indemnifying and holding harmless Loch Davis from any liability in case of legal action, loss or damage (including legal expenses and fees), suffered by anyone, arising from the failure of the Customer to comply with the provisions on the storage, modification and custody of such passwords; d) not to engage in acts aimed at violating or attempting to violate Loch Davis’s or third parties’ computer systems or network security, or the confidentiality of private messages, or in any case actions aimed at damaging the integrity of others’ resources or causing direct or indirect damage to anyone; e) not to take an active part in attempts to violate the computer systems and network security of Loch Davis or third parties that could result in civil or criminal liability; f) not to access the systems, networks, or information of Third Parties without explicit authorisation, by means of scanning/probing techniques, vulnerability testing, attempts to breach security or authentication measures; g) not to create dangerous or unstable situations or other problems of a technical nature as a result of programming activities or methods of use that impact on the quality of service of the customer or other customers in such a way as to cause damage to them, Loch Davis or third parties; h) not to offer information to the public (textual or graphic) that is detrimental to the image of Loch Davis through the services provided; i) not to engage in spamming or equivalent actions, transmit or disseminate any material that contains viruses, other codes, files, or programs designed to impair, interrupt, destroy or limit the operation of Loch Davis’s or any third party’s network, software, hardware, or telecommunications equipment; 1) not to carry out phishing or other equivalent actions of an illicit nature aimed at stealing personal data or other confidential information from users; m) not to use unauthorised applications or scripts. It is understood that in the event that Loch Davis detects applications or scripts causing server malfunctions, Loch Davis reserves the right to intervene in the most appropriate manner in order to stop such malfunctions; n) to observe and accept, unconditionally, the following documents in their entirety and to declare that they have read them carefully:
1) the rules of good use of network resources, contained in the RFCs published on the Internet Engineering Task Force website “Netiquette Guidelines”, and also RFC2635 “A Set of Guidelines for Mass Unsolicited Mailings and Postings” available on the network at https://www.ietf.org/rfc/rfc1855.txt and https://www.ietf.org/rfc/rfc2635.txt;
2) the provisions contained in the Loch Davis policy at www.shop.romilochdavis.com.
10.4 In case of violation or alleged violation of even only one of the above-mentioned obligations, Loch Davis will have the right to intervene in the form and manner deemed appropriate to eliminate, where possible, the violation or alleged violation and its effects, and to suspend or interrupt or deactivate the access to the website www.shop.romilochdavis.com, immediately and without prior notice, also reserving the right to terminate the contract and retain the sums paid by the Customer as a penalty, without prejudice to the right to claim compensation for greater damages. The Customer acknowledges and accepts that Loch Davis will be entitled to claim any reimbursement, compensation, or damages for the measures it may deem appropriate.
In any case, the Customer undertakes, as of now, all responsibility for the violations mentioned above and agrees to indemnify and hold harmless Loch Davis from any detrimental consequences, and from all losses, damages, liabilities, costs, charges and expenses, including legal fees, which may be incurred or suffered by Loch Davis as a result of any failure of the Customer to comply with their obligations and guarantees provided for in these General Terms and Conditions, or otherwise related to the entry of information into the Internet through the website www.shop.romilochdavis.com provided by Loch Davis, even in the event of damages claimed by third parties for any reason.
11) Warranty and liability limitations of Loch Davis
11.1 The warranty for products sold by Loch Davis differs depending on whether the purchaser is a ‘consumer’ or a ‘professional’ within the meaning of Directive 1999/44/EC on ‘certain aspects of sales contracts and associated guarantees for consumer goods’. The Customer buying as a “consumer” benefits from the legal warranty of conformity to which the seller is bound by law on any goods sold (“Legal Warranty”) as set out in clause 11.7 below, save to the extent lawfully excluded by these General Terms and Conditions.
11.2 The Legal Warranty warrants the goods against defects of conformity with the sales contract.
11.3 Pursuant to the law, if the Legal Warranty is applicable, the Customer has the right to have the conformity of the goods restored free of charge by repair or replacement, or, if this is not possible, to a reduction of the purchase price or to the termination of the contract. Loch Davis is liable for conformity defects if they occur within two years from the date of delivery of the goods. The Customer shall, however, be obliged to report the lack of conformity within a period of two months from its discovery.
11.4 To the extent permitted by law, Loch Davis disclaims all liability if the delivered product does not comply with the legislation of the country of delivery other than Italy.
11.5 Loch Davis shall also not be liable for insubstantial differences between the purchased goods, their illustrative pictures and the text descriptions published on the website or sent by explanatory e-mail.
11.6 Except in the case of wilful misconduct or gross negligence, Loch Davis is solely liable for any direct and foreseeable damage at the time of concluding the sales contract. Loch Davis will therefore not be liable for any losses suffered, loss of profit or any other damages that are not an immediate and direct consequence of its own lack of conformity or that was not foreseeable at the time of the conclusion of the sales contract.
11.7 Definition of legal warranty: The Legal Warranty is the warranty – which is rightfully yours only if you are a consumer, i.e. someone who buys products for non-professional or business purposes – on the sale of consumer goods provided for by EU Directive 1999/44/EC, also known as the “conformity warranty”, which protects you in the event that the products you buy are not in conformity with the sales contract (“Legal Warranty’). This is the case if the product does not work properly, cannot be used in the manner stated by the seller or for the purposes for which products of the same type are generally used, does not have the characteristics or qualities promised by the seller or does not respond to the use for which you purchased
The Legal Warranty covers conformity defects that become apparent within 24 months from the date of delivery of the purchased product, even if the defect was not immediately apparent on that date. In order to claim it, the Customer must notify the seller of the presence of the defect within 2 months of discovering it. Unless proved otherwise, defects of conformity which become apparent within the first 6 months after the date of delivery of the goods are presumed to have existed at that date, unless such a presumption is incompatible with the nature of the goods or with the nature of the lack of conformity. If the product purchased has a defect covered by the Legal Warranty, the Customer is entitled, without incurring any costs, to have the defective product repaired or replaced by the seller. The Customer is entitled to a price reduction or termination of the contract in the following cases: (a) if replacement or repair of the product is not possible or would be unreasonably expensive; (b) if the seller has failed to repair or replace the product within a reasonable time; (c) if the replacement or repair of the product has caused you considerable inconvenience. In determining the amount of the price reduction, account shall be taken of the use made of the product.
12) Confidentiality And Intellectual Property Rights
This contract specifically records and the Customer is deemed to be aware of the following , namely that Rosemary Loch Davis is also known and referred to as Romi Loch Davis – that the website and online business and the goods to which this contract applies in using Romi Loch Davis or romilochdavis and any trademark, copyright or other intellectual property in those names is included or deemed to be included in the intellectual property owned by Loch Davis – and that the expressions Romi Loch Davis and the email and other uses and applications of Romi Loch Davis or romilochdavis are in fact and in law solely owned or permitted by Loch Davis personally or contractually via the website or otherwise. The Customer undertakes to treat as confidential any data or information known or handled in connection with the activities for the performance of the service provided by Loch Davis in terms of this contract or otherwise under any of the expressions referred to above. The Customer shall treat as confidential and is be deemed to be aware and hereby acknowledges that the subject matter of this contract, the relevant web site, the brochure, the documents, photographs, texts, images, displays and logo, and all the artistic work and the graphics relating to the products sold in terms of this contract and the components of those products as well as the completed products themselves are in the sole and exclusive ownership of Rosemary Loch Davis irrespective of the use of other of the names referred to above. Each and every one of those aspects, elements and objects, material or immaterial, are without limitation protected by author’s rights as well as by exclusive intellectual property rights of Rosemary Loch Davis. It is strictly forbidden to copy the products or any component thereof or to pass off any object or part thereof as a product covered by this contract or purporting to be such a product. It is also strictly forbidden to copy or use any trademark or name covered by this contract or patent or specific device relating to the products concerned or to copy or appropriate, or distribute, reproduce or attempt to replicate any sentence, content or image of the products covered by this contract or referred to in the website relating to the products of Rosemary Loch Davis, since they are the result of the work and of the intellect of the author and she is the owner and holder of all the rights relating thereto.
13) Express termination clause
This contract is automatically terminated, pursuant to and for the purposes of Article 1456 of the Italian Civil Code, if the Customer: a) transfers all or part of the contract to a third party, without respecting the procedures prepared by Loch Davis; b) has previously been or is in default on any grounds against Loch Davis, even for services other than the subject of this contract; c) fails to pay the required consideration; d) has been declared insolvent or has been admitted or subjected to bankruptcy proceedings; e) violates the provisions contained in clauses 10 and 11 of these General Terms and Conditions. In the aforementioned cases, termination occurs automatically by means of a unilateral declaration by Loch Davis, to be executed by registered letter with return receipt or ordinary electronic mail (OEM) to be sent to the Customer at one of the addresses provided. In such cases, the Customer acknowledges and accepts that the sums paid by the Customer will be retained by Loch Davis as a penalty, without prejudice in any case to compensation for greater damages, without the Customer being able to make any claim for reimbursement, compensation and/or damages. It is understood that the above-mentioned automatic termination is without prejudice to other termination hypotheses, and in general to other protection instruments provided by law, including actions aimed at obtaining compensation for any damage suffered by Loch Davis.
14.1 As a general rule, withdrawal from the contract by the Customer is excluded. In the event of unlawful termination, withdrawal, or cancellation by the Customer, Loch Davis shall be entitled to retain the sums paid by the Customer as a penalty, without prejudice to compensation for greater damages.
14.2 Notwithstanding the statements or terms set out in clause 11 and 12 of these General Terms and Conditions, in respect of this contract and the products sold by Loch Davis under these General Terms and Conditions there is no provision for the “consumer”, i.e. the Customer, to withdraw from the order placed, without having to provide any reason, within 14 days from the day on which the Customer received the product ordered. The Customer as a consumer acknowledges that the products sold by Loch Davis, in fact, qualify as goods made to measure or clearly customised and Article 59 letter c) of the Italian Consumer Code removes the right of withdrawal in cases where the goods sold have been made “to measure” or “customised” according to the choices of the Customer.. The Customer acknowledges and accepts that any advice proffered to or sought by and given to the Customer during the process of composing the finished product does not detract from the final choices of all or any components which make up the final product being in law, and being deemed to be in fact, choices made of the Customer’s own volition and finally decided by the Customer. The Customer further acknowledges that the Article 59 provision is specifically intended to prevent goods produced in accordance with the consumer’s specific requirements, created from scratch specifically at Customer’s specific request, from being returned for no reason, putting the producer in difficulty due to the impracticality or even impossibility of reselling the same to third parties, regenerating it or finding a new market in which to place it. The decisions and choices according to the Customer’s specific requirements as regards composition of the final product qualify the process as that also called “bespoke”. In this regard, the Customer acknowledges that Article 45 of the Italian Consumer Code clearly defines customised goods as those products that are created following “the consumer’s instructions”, that is, not prefabricated, but produced on the basis of an individual choice or decision, that the procedure of choice referred to above and set out in the website is in conformity with said Article 45 and that a sale to the Customer of the final product sold in terms of this contract arises from compliance with that process.
14.3 Loch Davis reserves the right to withdraw from the Contract at any time and without any obligation to give reasons, by giving written notice to the Customer, with a notice period of at least 15 (fifteen) days, by registered letter with return receipt or ordinary e-mail (OEM), except in the case of events caused by force majeure, under which Loch Davis reserves the right to withdraw from this contract with immediate effect. As a result of exercising the withdrawal, Loch Davis will be obliged to refund the Customer only the total price of the product. Any other reimbursement or compensation or liability of Loch Davis for the exercise of the right of withdrawal is expressly excluded.
15) Electronic register
The Customer expressly acknowledges and accepts the existence of the Register of Connections (LOG – data related to telematic traffic), compiled and stored by Loch Davis in the terms and manner established by law. The aforementioned register constitutes full and incontrovertible proof of the facts and deeds performed by the Customer with respect to Loch Davis or Third Parties; it is absolutely confidential and can be exhibited or provided only at the request of the Data Subjects expressly indicated by the Law. Loch Davis takes all necessary technical and organisational measures to ensure the confidentiality of the Logs. The Customer also acknowledges and accepts that Loch Davis reserves the right to retain the “Access Logs” (so-called FTP LOGs) generated by the Customer when accessing the management panel, for a period of time equal to or greater than the duration of the contractual relationship.
16) Final provisions and communications
16.1 This Contract cancels and supersedes any and all prior agreements between Loch Davis and the Customer regarding the same subject matter and constitutes the complete agreement reached between the Parties regarding such subject matter. No amendment, addendum or clause added to this Contract shall be valid and effective between the Parties unless specifically and expressly approved in writing by both Parties.
16.2 The relationship between Loch Davis and the Customer established by these General Terms and Conditions shall not be construed as a relationship of mandate, representation, cooperation, association or other similar or equivalent contracts.
16.3 Any failure by the Customer to comply with these Terms and Conditions or any conduct by the Customer that does not comply with these Terms and Conditions shall not be deemed a waiver of these Terms and Conditions or a tacit acceptance of such non-compliance, even if not contested by Loch Davis. Any failure by Loch Davis to exercise or enforce any right or provision of the Contract shall not constitute a waiver of such rights or provisions.
16.4 All communications to the Customer related to this contractual relationship can be made by Loch Davis indiscriminately by e-mail or by registered letter to the addresses indicated by the Customer when ordering/registering on the website. Any change in the Customer’s address not communicated to Loch Davis shall not serve as valid objection to Loch Davis. All communications that the Customer intends to send to Loch Davis regarding this contract must be sent to the addresses indicated in this Contract.
16.5 The possible ineffectiveness or invalidity, in whole or in part, of one or more clauses of these General Conditions shall not invalidate the others, which shall be considered fully valid and effective.
16.6 For all matters not expressly provided for in these General Terms and Conditions, the Parties expressly refer, to the extent compatible, to the legal provisions in force at the time of conclusion of the contract.
16.7 Any complaints must be forwarded to LOCH DAVIS ROSEMARY with registered office in SESTIERE CANNAREGIO 6091, 30121 – VENEZIA [Venice, Italy), only by registered letter with return receipt within 48 (forty-eight) hours from the moment in which the disservice occurs. Loch Davis will examine the complaint and provide a written reply within 60 (sixty) days of its receipt. In case of complaints concerning particularly complex facts, which do not allow an exhaustive answer within the above mentioned terms, Loch Davis will inform the Customer within the aforementioned terms about the progress of the case.
16.8 For all matters not covered by these General Terms and Conditions, express reference is made to the provisions of the law.
17) Place of jurisdiction
For any and all disputes relating to the interpretation, execution and termination of the Contract, the Court of Venice shall have sole jurisdiction, unless the Customer has acted and concluded this contract as a Consumer for purposes unrelated to the business or professional activity carried out; in this case, the Court of the place where the Customer has their residence or domicile, if located in the territory of the Italian state, shall have sole jurisdiction.
ROMILOCHDAVIS and ROMI LOCH DAVIS are registered trademarks.
All trademarks – ROMILOCHDAVIS and ROMI LOCH DAVIS are owned and registered by Rosemary Loch Davis