Terms and Conditions of itotravel.com

• the use of this Website, and,
• any other related Agreement or legal relationship with the Owner

What the User should know at a glance

• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
• The right of withdrawal on this Website applies to all Users, including those Users that do not qualify as Consumers.

TERMS OF USE

• There are no restrictions for Users in terms of being Consumers or Business Users;
• Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
• Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account registration

Conditions for account registration

• Accounts registered by bots or any other automated methods are not permitted.
• Unless otherwise specified, each User must register only one account.
• Unless explicitly permitted, a User account may not be shared with other persons.

Account termination

• By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

Content on this Website

Rights regarding content on this Website - All rights reserved

Access to external resources

Acceptable use

Conduct restrictions

• pretending to fulfill any possible condition or requirements for accessing this Website and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;
• concealing their identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
• manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
• defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
• promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on this Website;
• probing, scanning or testing the vulnerability of this Website, including the services or any network connected to the website, nor breaching the security or authentication measures on this Website, including the services or any network connected to this Website;
• installing, embedding, uploading or otherwise incorporating any malware into or via this Website;
• using this Website or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
• attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on this Website or the Service;
• pretending to purchase any Products offered via this Website without any real intent to do so;
• failing to pay for Products purchased;

Scraping

• adopting any automated process to extract, harvest or scrape information, data and/or content from this Website and all the digital properties thereto related unless where explicitly allowed to do so by the Owner;

Content restrictions

• disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;
• publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
• disseminating or publishing any content that is false or may create unjustified alarm;
• using this Website to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent;
• using this Website to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;
• publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of this Website or another User's experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.;

User protection

• misappropriating any account in use by another User;
• harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts on this Website or by any other means;
• using any information relating to other Users, including personal or contact data, for purposes other than those this Website is intended for;

Commercial use restrictions

• registering or using this Website in order to promote, sell or advertise products or services of any kind in any way;
• indicating or trying to imply in any manner, that a User stands in a qualified relationship with this Website or that this Website has endorsed the User, the User’s products or services or any third party's products and services for any purpose;

“Tell-a-friend”

TERMS AND CONDITIONS OF SALE

Provision of personal data

Paid Products

Product description

Purchasing process

• Users must indicate the desired Product by selecting it, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.
• Within the purchase selection, Users may review their purchase selection, modify, remove or add items and, where provided for, give specific instructions (for instance, “send it with a gift receipt”).
• Users will use the checkout button to be redirected to the checkout view.
• Within the checkout view, Users will be given the possibility to choose the express checkout. The express checkout allows Users to finalize the purchase directly through an online payment processing service (such as “PayPal”, “Amazon Pay”, “Google Pay”). By choosing the express checkout, Users will be redirected to the selected payment platform.
• Within the checkout view, Users are required, through consecutive steps, to specify their contact details, billing and shipping address, and a shipping and payment method of their choice.
• Within the checkout view, Users may log in, if already in possession of an account. Users will be required, through consecutive steps, to confirm the registered billing and shipping address and specify shipping and payment methods of their choice. Users not already in possession of an account may create one during the purchasing process. The accounts are created via Shopify and they also allow the Users to access the status of the current purchase and their purchase history. The User may read the privacy policy of Shopify and this Website to learn more about the data processing and User rights regarding their data.
• During the purchasing process, Users may, at any time, modify, correct or change the information provided, and add a gift card, referral code or discount code (Coupon) or altogether abort the purchasing process with no consequence.
• After providing all the required information, Users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on this Website, hereby accepting these Terms and committing to pay the agreed-upon price.

Order submission

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
• In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
• Upon submission of the order, Users will receive a receipt confirming that the order has been received.

Prices

• either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Offers and discounts

Coupons

• Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
• A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
• Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
• A Coupon cannot be applied cumulatively;
• The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
• The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
• The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Payment of price in installments

Purchase via app store

Retention of Product ownership

Delivery

Failed delivery

Contract duration

Subscriptions

Open-ended subscriptions

Termination of open-ended subscriptions

User rights

Right of withdrawal

Who the right of withdrawal applies to

Exercising the right of withdrawal

• Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
• Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.
• Regarding those contracts which provide for the recurring delivery of goods over a fixed term, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the first good.

Effects of withdrawal

…on the purchase of physical goods

Exceptions from the right of withdrawal

• for the supply of goods made to the consumer’s specifications or otherwise clearly personalized;
• for the supply of goods which are liable to deteriorate or expire rapidly;
• for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
• for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
• where the Consumer has specifically requested a visit from the Owner for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the Owner provides services in addition to those specifically requested by the Consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;
• for the provision of services, after the service has been fully performed, if the contract places the Consumer under an obligation to pay and performance has begun with the Consumer’s prior express consent after acknowledging that their right of withdrawal is lost once the service has been fully performed;

Contractual withdrawal period extension

UK User rights

Right to cancel

Exercising the right to cancel

• Regarding the purchase of goods, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
• Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.
• Regarding those contracts which provide for the recurring delivery of goods during a defined period of more than one day, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the first good.

Effects of cancellation

…ON THE PURCHASE OF PHYSICAL GOODS

Exceptions from the right to cancel

• where the Consumer has specifically requested a visit from the Owner for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the Owner provides services in addition to those specifically requested by the Consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right to cancel shall apply to those additional services or goods;
• for the provision of services, after the service has been fully performed if the performance has begun with the consumer’s prior express request, and with their acknowledgement that their right to cancel is lost once the contract has been fully performed;
• for the supply of goods made to the consumer’s specifications or otherwise clearly personalized;
• for the supply of goods which are liable to deteriorate or expire rapidly;
• for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
• for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;

Guarantees

Legal guarantee of conformity for goods under EU law

Conformity to contract for Consumers in the United Kingdom

After-sales assistance

Liability and indemnification

Indemnification

Limitation of liability

• any losses that are not the direct consequence of a breach of the Terms by the Owner;
• any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
• damages or losses resulting from interruptions or malfunctions of this Website due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
• any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via this Website. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to this Website.

Australian Users

Limitation of liability

US Users

Disclaimer of Warranties

Limitations of liability

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

Indemnification

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s wilful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

Service interruption

Service reselling

Privacy policy

Intellectual property rights

Changes to these Terms

Assignment of contract

Contacts

Severability

EU Users

US Users

Governing law

Prevalence of national law

Exception for Consumers in Switzerland

Exception for Consumers in Brazil

Venue of jurisdiction

Exception for Consumers in Europe

Exception for Consumers in Brazil

Exception for Consumers

UK Consumers

US Users

US Users

Surviving provisions

• the User’s grant of licenses under these Terms shall survive indefinitely;
• the User’s indemnification obligations shall survive for a period of five years from the date of termination;
• the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Dispute resolution

Amicable dispute resolution

Definitions and legal references

This Website (or this Application)

Agreement

Brazilian (or Brazil)

Business User

Coupon

European (or Europe)

Example withdrawal form

• Ordered on: _____________________________________________ (insert the date)
• Received on: _____________________________________________ (insert the date)
• Name of consumer(s):_____________________________________________
• Address of consumer(s):_____________________________________________
• Date: _____________________________________________

Owner (or We)

Product

Service

Terms

United Kingdom (or UK)

User (or You)

Consumer