TOS_en

Terms of Service

Please note that ilogfarm srl does not answer for the validity of the translationOnly the Italian document in Italian has legal validity.

Please read these Terms carefully to make sure you understand them.

1. Premise

1.1. This Agreement is signed between us, Ilogfarm srl Via dell’Industria 14, 63076 Monteprandone (AP) CF and PIVA 02157440443 owner of the trademark and the BoxOK service (“BoxOK “), and the subject, natural or legal person, who wishes to use the Service and that stipulates this Agreement by accepting these Conditions (” Customer “).

1.2. You must be at least 18 years of age to use the Service. By using the Service, the Customer declares and warrants that he is at least 18 years of age.

2. Definitions

2.1. In these Conditions, the following terms will have the following meaning:

2.1.1. “Agreement”: the agreement signed between the Customer and BoxOK for the provision of the Service to these Conditions;

2.1.2. “Goods”: the goods and the items that the Customer packages in the storage boxes so that they are stored by BoxOK;

2.1.3. “Service”: the services referred to in point 6.1;

2.1.4. “Site”: the BoxOK website accessible at www.boxok.it

2.1.5. “Box”: the storage boxes that BoxOK provides to the Customer pursuant to Article 8.

2.1.6 “Part (s)”: BoxOK and the Customer.

3. Conditions of the Service and methods for sending orders

3.1. In order to use the Service, you must accept these Conditions. It is forbidden to use the Service if you do not accept these Conditions. Use of the Service is considered acceptance of these Conditions and of the general conditions of carriage of the carrier indicated in article 6.2. .

3.2. BoxOK may refuse or may cease to provide the Service in the event that BoxOK deems it to be or may be used in violation of these Terms, or for any illegal or improper purpose or for any other reason.

3.3. To the maximum extent permitted by applicable law, BoxOK reserves the right to modify these Terms from time to time. BoxOK will notify the Customer of any changes by posting them on the Site or through other appropriate means to inform the Customer. It is understood that any changes to these Conditions will be effective only in respect of new Customers who have approved the Agreement after the changes have been made, while the existing Conditions will continue to apply to existing Customers prior to the amendment.

3.4 Customers can submit orders by registering on the Website, following the procedure illustrated on the Site and accepting these Conditions online.

3.5 the order will be saved and stored electronically and will be accessible by the Customer in the reserved area after entering login and password.

3.6 In case of incorrect insertion of the order, it will be possible to change at any time before 6 pm on the day of shipment

4. Personal data

4.1. To use the Service and place the order, the Customer must provide some personal information, such as name, surname, address, email address and mobile number (” Data “), as part of the registration process on the Website. Customer declares and warrants that the Data provided to BoxOK will always be accurate, accurate and up-to-date. In the event of any changes to their data, they must be communicated in writing by e-mail or fax to the addresses indicated in paragraph 23 of this Agreement.

4.2. BoxOK treats the Customer Data in accordance with its privacy policy www.boxok.it/privacy-policy /. By using the Service, the Customer consents to such processing.

5. Password and use of the Website

5.1. At the first registration on the Site, the Customer will enter his / her username (his / her email address) and a password as part of the registration process on the Site. The Customer can access his / her account and change his / her username and password at any time. . The Customer will be responsible for maintaining the confidentiality of his / her username and password and will be responsible for all activities performed on his / her account.

5.2. The Customer is required to:

5.2.1. keep your reserved username and password confidential and take all reasonable steps to ensure that no one except the Customer can access the Site using their username and password;

5.2.2. promptly notify BoxOK if it becomes aware of or suspects that your username and password have become known to someone else.

5.3 The Site and the domains and / or sites associated with it are the exclusive property of BoxOK.

5.4 The Client obliges himself and his employees, collaborators and family cohabitants to take all appropriate and necessary measures to ensure the confidentiality of the Site, the information acquired and the related documentation on the Site.

5.5 Within the limits permitted by the applicable law, BoxOK does not guarantee that the Website is responsive to the needs of the Customer or that the operation of the same occurs without errors or interruptions. In no case will BoxOK be liable for any damages deriving from the use of the Website.

5.6. It is forbidden for anyone to use the Site for illegal and / or fraudulent purposes and / or to harm or taint third parties. Any episode attributable to the above will be immediately reported to the competent authorities without prior notice.

6. Services

6.1. Upon payment of the fee referred to in article 11 below, BoxOK is obliged to provide the following Services:

6.1.1. send the required number of empty Boxes to the delivery address specified by the Customer on the order placed on-line in the appropriate section;

6.1.2. organize the collection of the Boxes as packaged containing the Customer’s Goods at the collection address specified by the Customer in the order of Service;

6.1.3. send the Boxes as packaged containing the Customer’s Goods to the BoxOK warehouse and keep the Boxes in their stores for the time requested by the Customer in the Service order;

6.1.4. send the Box containing the Goods to the return address specified by the Customer in the order of Service.

6.2. The delivery service is carried out every weekday from Monday to Friday from 09.00 to 13.00 and from 14.00 to 18.00, while the pick-up service is carried out on the same days from 2.00 pm to 6.00 pm via the GLS carrier. national transport “, available for consultation and download at http://www.gls-italy.com/popup_servizi_scaricacondizioni.html for a better understanding of the service. By accepting these Conditions, the Customer expressly declares to accept the conditions of carriage of the carrier.

6.3 BoxOK will not send, withdraw or return Box to an address outside the territory of the Italian Republic unless BoxOK does not consent to it in writing.

6.4. The times indicated for delivery, collection or return are estimates only and BoxOK is not responsible for any delays in the Service for pickups and deliveries.

6.5. BoxOK may postpone any delivery, collection or return in the event that it believes that such activities could endanger employees, agents, collaborators or third parties due to, but not limited to, adverse weather conditions or in the event that BoxOK fails to access the delivery address provided by the Customer in the service order.

6.6. BoxOK will not be required to:

6.6.1. dismantle or assemble furniture;

6.6.2. disconnect, reconnect, disassemble or reassemble appliances, fixtures, furniture or equipment, or pack the Goods in the Boxes.

7. Customer’s obligations

7.1. The Customer will be required to:

7.1.1. to obtain and guarantee that BoxOK or its carrier may, in order to provide the Services for pick-ups and deliveries, have access and suitable parking to perform the requested service;

7.1.2. be present, or ensure that someone authorized by the Customer is present, during the delivery, the withdrawal and the return of the Box;

7.1.3. provide BoxOK with contact information and ensure that these are correct and up-to-date;

7.1.4. ensure that the Boxes at the time of collection are well closed and ready for transport.

7.1.5 the Goods have been packaged in the Boxes safely and in such a way as not to cause damage or injury, including any damage, to the Goods and to the goods of BoxOK, as well as to its employees, agents, collaborators or third parties.

7.1.6. inform BoxOK within 48 hours of any damage to the Goods that occurred during a delivery, collection or return service.

8. Storage boxes

8.1. The storage boxes will be provided by BoxOK for free as long as they are used for the Service. The customer must pay only for the deposit and return of the boxes.

8.2 If the Customer receives the Boxes but does not request the collection of the Boxes containing the Goods, it will be obliged to pay BoxOK, for each package, an amount equal to the price of one month of supply of the Service (as specified in Article 11 of these Conditions).

8.3. In the hypothesis referred to in Article 8.2, the Customer will purchase the property of the empty Boxes to use them as he sees fit.

8.4. The Boxes must under no circumstances exceed the maximum weight limit of 15 kg.

8.5. BoxOK, or the carrier in charge, may refuse to collect the Customer Boxes and / or Box supplied by BoxOK if they believe that they do not comply with the requirements of articles 8.4 or that the Goods have not been securely packed in accordance with the articles 7.1.4. and 7.1.5.

9. Goods

9.1. The Customer guarantees that the Goods are his property or in any case have the right and the authority to keep them in compliance with these Conditions.

9.2. BoxOK does not guarantee that the warehouses used for storage by BoxOK are suitable places or have the appropriate characteristics for the deposit of particular Goods such as those specified in article 9.3 below.

9.3. The Boxes must not contain Goods that require particular attention and / or whose transportation, storage and handling are governed by specific regulations. By way of example, the following goods may not be the subject of the Service:

9.3.1. antiques, artistic paintings, furniture and / or various household goods, precious carpets;

9.3.2. perishable goods,

9.3.3. fragile goods, insufficiently packed goods;

9.3.4. birds, fish, animals or any other living creature;

9.3.5. weapons or ammunition, explosives, gunpowder, pyrotechnic fires;

9.3.6. any object that emits fumes or odors;

9.3.7. ingots (gold-silver), jewelery, currency, ivory, metals or precious stones, objects / works of artistic or emotional interest, sports medals;

9.3.8. drugs, illegal substances or assets of illicit origin;

9.3.9. combustible or flammable materials, liquids of all kinds, compressed gases, diesel, petrol, oil, gas, artificial fertilizers or solvents for cleaning;

9.3.10. chemical products, radioactive materials or biological agents, toxic products and / or waste, asbestos or other materials of a dangerous, corrosive nature, poisons, contaminants;flammable.

9.3.11. any other product whose possession or conservation in any way violates Italian law or any other applicable law;

9.3.12 bodies, human parts;

9.3.13 stamps, securities, paper money, value cards payable to the bearer, negotiable values, checks;

9.3.14 glass objects;

9.3.15 skins, furs;

9.3.16 pharmaceutical products;

9.3.17 are also excluded goods not accompanied by the required documentation and / or goods to be delivered to the post office box.

9.4. BoxOK or its carriers can at any time and without notification open any boxes to inspect the Goods in case:

9.4.1. BoxOK has reason to fear that they may contain the elements described in Article 9.3;

9.4.2. there is a request from the police, financial police, carabinieri, firemen, local authorities or by court order and other competent authorities;

9.4.3. BoxOK considers necessary in case of emergency or to avoid injury or damage to persons or property.

9.5. BoxOK may refuse to deposit the Goods, or may return them to the Customer at the Customer’s expense, at any time, if, according to the reasonable judgment of BoxOK, the deposit or prolonged storage of the Goods would pose a risk to the safety of persons, places or any other good stored at the deposit. It is understood that the refusal or acceptance of Beni as per the previous article 9.3 does not imply any responsibility on the part of BoxOK towards the Customer. If they are accepted by BoxOK, they will be accepted at the risk, danger and responsibility of the Customer.

10. Restrictions

10.1. The Customer can not:

10.1.1. use the Service in any way or illegal or fraudulent purpose;

10.1.2. sub-licensing, re-selling or proposing in any way to third parties the Service or the use or access to the Service, for profit or not, without BoxOK having previously consented in writing;

10.1.3. attempt to interfere or discontinue the Service or the Site or any server or network used by or connected to the Site or gain unauthorized access to any server or network.

11. Fees and methods of payment

11.1. The fees for the Service are those published on the Website and in force at the time the order is placed by the Customer.

11.2. The current VAT at the ordinary rate will be applied to the fees.

11.3. The Customer can pay by credit card, debit card or Paypal on the basis of the choices made at the time of placing the order and that may be subsequently modified during the use of the same Services prior notice to be sent to BoxOK in writing to the addresses better specified in point 23 of these Conditions. For the first and / or last payment the Customer can also pay in cash on delivery to the courier.

Payments, after accepting these Conditions, must be made as follows:

11.3.1. the fee for the deposit of the first month must be paid at the time the order is placed or in cash to the courier upon delivery of the empty boxes;

11.3.2. the fee for the filing of the following months must be paid every 30 days from the date of the first payment;

11.3.3. the consideration for the deposit of the month in which BoxOK returns the boxes must be paid in full, even if the deposit service has been provided for a period of time less than one month.

11.5. To the extent permitted by applicable law, on late payments by the Customer (without prejudice to any other right or remedy, including the right to withhold or dispose of the goods pursuant to clause 12), BoxOk may charge the legal interest pursuant to ‘art 1282 CC

11.6. BoxOK, following a justified reason, after reporting on the site www.boxok.it, with notice of at least 30 days will vary the economic conditions. In this case, the Customer will have the right to withdraw from the Agreement in accordance with Article 20.1.

11.7. To the maximum extent permitted by applicable law, additional charges may apply if:

11.7.1. the Customer or someone authorized by them is not available for delivery, collection or return, on the date and time of delivery agreed with the Customer;

11.7.2. the carrier is not able to access the premises to carry out the Service pick-ups and deliveries and the delay lasts longer than 15 minutes;

11.7.3. the Customer requests that delivery, collection or return be carried out outside normal working hours as specified in article 6.2;

11.7.4. BoxOK must deliver, collect or return boxes over the first floor without the possibility of using an elevator.

12. Failure to pay

12.1. Within the maximum limits allowed by the applicable law, in case of non-payment, BoxOK will have the right to retain the goods, pursuant to art. 2756 and 2761 of the Civil Code, with the possibility, in the event of default by the Client, of also carrying out the forced sale of the Goods.

12.2. BoxOK will inform the customer with 30 natural days of written notice also by mail or fax, all amounts due and indications on how to contact BoxOK to organize the return of the stored boxes. If, upon expiry of the 30-day notice period, the Customer has not fulfilled the payment of all sums due, BoxOK may dispose of some or all of the Goods by sale in accordance with the law.

12.3. If, in the opinion of BoxOK, the Goods can not be sold for a reasonable price or despite the efforts of BoxOK, the Goods remain unsold, the Customer authorizes BoxOK to treat them as abandoned and to destroy them.

12.4. The Customer is responsible for all costs incurred by BoxOK in connection with the sale of the Goods. If BoxOK obtains from the sale of goods the net proceeds sufficient to cover the fees owed by the Customer, the net proceeds of the sale will be credited to the Client’s account, minus the costs and administrative costs.

12.5. In the event that it is impossible for BoxOK to return to the Client the net proceeds of the sale for reasons not dependent on the will of BoxOK, the same shall notify the Customer with a written notice of at least 90 days in accordance with Article 23, and at the expiry of said notice, he may retain this surplus on his own account.

12.6. If the proceeds from the sale are not sufficient to cover the fees owed by the Customer pursuant to these Conditions, the Customer must pay the final payment within 7 days of the written request by BoxOK. The interest referred to in Article 11.5 will continue to accrue on the payment of the balance due until it is paid in full.

13. Feedback

13.1. In the event that the Customer sends BoxOK feedback, such as comments or suggestions on the Site or the Service, the Customer accepts that BoxOK will have no obligation of confidentiality regarding said feedback and BoxOK may use and / or incorporate them in the Website or use them to implement service.

14. Deposit of Goods

14.1. The boxes containing the Goods will be deposited and stored in appropriately equipped warehouses suitable for goods handling, storage and storage.

14.2. BoxOK guarantees that the storage rooms have been built according to the laws in force at the time, in compliance with building regulations and, therefore, have all the legal, technical and urban requirements for the purpose for which they are intended.

14.3. If the customer needs to view in person their own goods, possibly even after the identification procedure with PIN CODE previously provided and prior document recognition, will be able to access the warehouse provided that this occurs during working hours, on agreed time and does not impede the normal work progress. Access to the warehouse is in any case subject to adequate notice, which is now set in 48 hours.

14.4. Without prejudice to the previous point, notice may be reduced in the event of an emergency.

15. Responsibility of BoxOK towards Customers

15.1. To the maximum extent permitted by applicable law, BoxOK limits its responsibility towards the Customer with respect to the Goods contained in the Boxes as better specified below.

The Customer acknowledges that BoxOK is not aware of the type or value of the Goods to be stored.

BoxOK recommends taking out insurance to cover full-value goods.

15.2. When BoxOK returns the Box containing the Goods, the Customer must promptly check the Goods within the next 48 hours and notify BoxOK of any loss or damage that may occur.

15.3. The total responsibility of BoxOK for the Service towards the Customer can not in any case exceed the amount of the lower of (a) the purchase price of the Goods contained in the stored box, (b) the current cost of replacing the Goods contained in the boxes on the date of the application and (c) € 100.00 per item.

15.4. BoxOK will in no case be liable for losses or damages that fall into the following categories:

15.4.1. loss or damage to the Goods that is not a direct consequence of any breach of these Terms by BoxOK or any intentional or negligent act or omission by BoxOK or its contractors, or

15.4.2. loss of profit; or

15.4.3. loss or damage due to force majeure as specified in Article 22.

15.5. In the event of a claim, BoxOK will have the right to request proof of the purchase price and the value or replacement (if lower) of the contents of the box.

15.6. Nothing in these Conditions excludes or limits the responsibility of BoxOK for:

15.6.1. death or personal injury caused by willful misconduct or gross negligence by BoxOK; or

15.6.2. fraud or false declaration.

16. Indemnity

16.1 The Customer undertakes to keep BoxOK indemnified and unharmed for any damage, liability, cost, claim and expenses (including legal fees) arising from the breach of these Terms by the Customer.

17. Duration

17.1 The duration of this Agreement is established by the Customer at the time of placing the order.

18. Ownership of rights

18.1. All rights, including industrial and intellectual property rights on the Site and the Service are owned or licensed to BoxOK. “BoxOK ™” is a trademark of Ilogfarm srl The trademarks and any distinctive sign characterizing the Site and BoxOK are the exclusive property of the same, therefore the Customer is not assigned or licensed any right on said trademarks and / or distinctive signs.

19. Right of withdrawal. Re-thinking period

19.1. The Customer has the right to change his mind and withdraw from this Agreement within 10 working days from the acceptance of these Conditions. The withdrawal may be exercised by the Customer by sending written notice to BoxOK also by e-mail or fax to the addresses indicated in article 23 below.

19.2. The right of withdrawal may be exercised provided that the provision of the Service by BoxOK has not started before that period, or that within the aforementioned 10 days BoxOK has not already sent the empty packaging boxes.

20. Resolution

20.1. The Customer may terminate this Agreement at any time, requesting the return of the boxes containing the Goods and paying all outstanding fees due. The boxes will be returned to the Customer in the shortest possible time, upon payment by the Customer of the outstanding fees due.

20.2. BoxOK may terminate this Agreement at any time by giving written notice also by email or fax to the Customer with 30 days notice.

20.3. Upon termination of this Agreement for any reason it will be necessary to contact BoxOK promptly to arrange the return of the boxes in storage.

20.4. If within 30 days from the termination of this Agreement, for any reason it is not possible to organize the return of the BoxOK boxes, you may dispose of the Goods in accordance with the provisions of Article 12.

21. Assignment and subcontracting

21.1. To the maximum extent permitted by applicable law, Customer may not assign, sub-license, sub-contract or otherwise grant all or some of the rights and obligations arising from these Terms without the prior written consent of BoxOK.

21.2. This Agreement is also binding on the Customer’s authorized representatives, successors and assignees.

21.3. BoxOK shall have the right to cede, subcontract, sub-license or otherwise grant all or some of its rights and obligations arising from this Agreement and in such case shall notify the Customer in the manner specified in Article 23.

22. Causes of force majeure

22.1. BoxOK will not be held responsible for any damage or loss of the Goods, or failure to perform, or delay in the performance of any of its obligations under these Conditions that is caused by force majeure events beyond its reasonable control, such as as an example and not exhaustive: natural events, floods, earthquakes, storms or other natural disasters, wars, armed conflicts, terrorist attacks, civil war, civil unrest; nuclear, chemical or biological contamination or sonic boom, any law or government decree, norm, regulation, or any action taken by a government or a public authority; fire, explosion or accidental damage; adverse extreme weather conditions, interruption or failure of the utility service, including but not limited to electricity, gas or water; any labor dispute, including strikes, lockouts, breaches or delays by suppliers or subcontractors, failure to operate plants, machinery, vehicles, computers, the Internet or telecommunications.

23. Communications

23.1. Any communication to be made pursuant to these Conditions may be delivered or sent by registered mail or e-mail or fax to the following addresses:

23.1.1. if to BoxOK – to the postal address BoxOK by ilogfarm srl Via industria 14 63076 Monteprandone (AP) Italy, to the e-mail address info@boxok.it or to the fax number 0735 – 560 590;

23.1.2. if to the Customer – to the address of residence or to the e-mail address indicated at the time of placing the order or registration on the Site (and subsequent amendments) or to the fax number.

24. General

24.1. Except as expressly provided for in these Conditions, this Agreement constitutes the entire agreement between the Client and BoxOK relating to the Service.

24.2. The Customer acknowledges and agrees that, in accepting these Conditions, he will not be able to rely or have any remedies available in relation to any statement, declaration, warranty or commitment (whether done with negligence or otherwise) other than those expressly indicated in these Conditions.

24.3. The waiver by BoxOK to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

24.4. If for any reason a provision of these Terms, or part of it, is unenforceable, the remaining provisions will continue to be valid to the fullest extent permitted by law.

24.5. This Agreement is governed by Italian law and both Parties submit to the non-exclusive jurisdiction of the Italian courts. The place of jurisdiction is that of the Customer in the case of a natural person, or, in the event that the Customer is a legal person, the forum of Ascoli Piceno.

24.6. The Parties mutually acknowledge that the present Agreement falls outside the framework of typical contracts governed by the Italian Civil Code concerning services, services and activities that only partially represent elements of connection with some typical contractual models, but which are otherwise different.

24.7. The provisions contained in Legislative Decree 205/2006, relating to distance contracts in the event that the Customer falls within the definition of consumer, apply to this Agreement.

I accept the above conditions

Pursuant to and for the purposes of articles. 1341 and 1342 CC the Customer declares to expressly accept the following articles:

Art. 5.5. limitation of liability for the use of the Website

Art. 6 Services

Art. 9 Goods

Art 11 Fees and methods of payment

Art. 12 Failure to pay

Art. 15 Responsibility of BoxOK

Art. 21 Assignment and subcontracting

Art. 24.5 Jurisdiction

I expressly accept the highlighted clauses