Legal Terms

1. Introduction

Welcome to this European website www.esaspaceshop.com. This website is operated by Olly Services S.r.l. (referred to in these terms of use as "Olly", "we", "us" or "our"). Please review these website legal terms and terms of use (“Terms of Use”) before continuing to access or using this website. These Terms of Use apply to all visitors to, or users of, this website.

2. Company Details

• Olly Services S.r.l. (limited liability company with one shareholder)
• Via Frascati 31 00078 Monte Porzio Catone (RM), Italy
• VAT number: IT16179081001
• Registration number 1640915 in the Chamber of Commerce of Rome, Italy
• Share capital Euro 10,000.00

3. Your Use Generally

Your accessing and use of this website confirms your acceptance of these Terms of Use and your agreement to be bound by them. If you do not accept these Terms of Use, do not use this website. We may terminate or suspend your accessing or use of this website if either: (a) we reasonably consider that you have breached these Terms of Use or (b) we consider it necessary to do so for security purposes.

4. Varying these Terms of Use

We may, from time to time, revise these Terms of Use by updating this page. If we make any change to these Terms of Use we will inform you of the change by placing a notice on this website. If you do not agree to any such change, you must not continue to access or to use this website. If you continue to access and/or to use this website after we have informed you of any change, we will assume that you have accepted the change.

5. Ownership of Content

All right, title, and interest in and to this website and all of its content, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this website (collectively, "Content"), and all intellectual rights (including copyright, trade marks, and rights in designs and patents) in and to this website and all of its Content, is owned by Olly and/or its licensors. All Content is provided to you by Olly only for your personal and non-commercial use. This means that you may not and may not permit, assist or enable another person to do any of the following:

a) copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this website or any of the Content, including, but not limited to, framing or linking the website or the Content or any part of the website or Content;
b) access or use the website or any of the Content for any commercial purpose or for any purpose which competes with our business.

If you represent a business and wish to evaluate the opportunity to trade our products, please contact us through our Contact Us Form.

6. Trade Marks

Olly (and its licensors) operates with trade marks of ESA. The ESA acronym and logo are registered trademarks of the European Space Agency. Olly and its licensors retain all rights in and to its trade marks, trade names, logos, brand names, and goodwill in all of these (collectively, our "Trade marks"). These Terms of Use do not allow you to use our and our licensors’ Trade Marks and we remind you that the use of these Trade Marks in any manner is strictly prohibited.

7. Our Products

From time to time, we may need to modify, vary or withdraw (on either a permanent or temporary basis) some of the products and services, and/or the features and specifications of those products and services, which are displayed on or made available to you through this website. We reserve the right to do so without any liability to you. Our Sales Conditions address the circumstances in which we may make changes to and/or withdraw products sold by us through this website. We will use reasonable endeavours to ensure, but cannot guarantee and do not represent or warrant, that there are no typographical errors, inaccuracies or omissions that relate to product descriptions, pricing and/or availability on this website. We make no representation nor give any warranty as to the completeness, accuracy or currency of any information on this website. The inclusion of any products or services on this website does not imply, warrant or guarantee that these products or services will be available through this website if you wish to place an order for such products and/or use such services at any particular time. We have made every effort to display, as accurately as possible, the colours of our products that appear on this website. However, the actual colour you will see will depend on your device settings and we cannot guarantee that your device will accurately display our colours.

8. Comments and Other Communications

If you send us any comments, feedback, suggestions, ideas and/or other communications (collectively, "Communications") through or in connection to this website, or through email, postal ail, or any contact with us, we will assume that you have granted to Olly the unlimited right to copy, reproduce, publish, transmit, distribute, display, post, modify, create derivative works from or otherwise use or exploit (collectively "Use") such Communications. Olly shall have the unlimited right to Use any ideas, concepts, know-how or techniques contained in any Communications you send us for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

9. Privacy Notice

When you buy merchandise from us, or otherwise use this website, we may ask you to provide us with personal information about yourself. Personal information that you provide to Olly through this website shall be subject to our Privacy Policy.

10. Your Account

Visitors to this website who are aged 16 or older, may choose to create an account ("Account") on this website. You may not be able to access or use certain features of or services offered on this website if you do not have an Account. If you would like to create an Account, you will need to input an email address and password to access your Account. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your device. You will be responsible for all activities that occur under your Account (including, but not limited to, any purchases of our merchandise made through your Account) unless you notify us that your Account is being used by a third party without your consent. We may terminate your Account, at any time, and without prior notice to you if:

a) we reasonably believe that you are using your Account in breach of these Terms of Use,
b) we reasonably believe that a third party is using your Account without your consent, or
c) we need to terminate or suspend your Account for security or maintenance purposes.

11. Linking

From time to time, this website may contain links which will direct you to external websites or web pages operated by third parties (the "Third Party Sites"). In addition, certain Third Party Sites also may provide links to this website. Olly does not control and is not responsible or liable for the accuracy, security or reliability of any Third Party Sites or for any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Olly will have no liability to you for any loss or damage that you suffer (including, but not limited to, any loss or damage to your device, equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Sites and/or their content, or caused by or in connection with any purchase of goods or services available on or through any such Third Party Sites.

12. Disclaimers

Olly takes all reasonable measures necessary to try to ensure that this website and the Content are free from viruses and defects but cannot guarantee that your device, equipment, hardware or software or any data stored or created by your device, equipment, hardware or software (collectively, "Equipment") will not be damaged, corrupted, lost or otherwise affected if you access or use this website or any Content. Olly recommends that you take all steps necessary to protect your Equipment when using this website or any Content, such as installing reputable anti-virus software.

13. Responsibility for defects for our website

This website is maintained in our approved design. We do not guarantee that it meets your requirements and that it is available at any time without interruption, timely, secure and without defects. The use of the website is at your own risk; in particular, we do not accept any liability regarding the results, which may be achieved with the use of the website and for the correctness of the information obtained within the scope of the website.

14. Obligations regarding information

When creating an account or placing an order, you must provide your address and some personal details; we will save these details required for the order process. When creating an account, you are asked to create a password. You must ensure that the password and the account are not made available to any third party. You are obliged to inform Olly immediately about any misuse of your password or account. Both contracting parties may cancel your account at any time without giving reasons. For further details on data management, see our Privacy Policy.

15. Our Liability

We will not be liable to you for (a) any loss of or corruption to data, (b) loss of or damage to your device and/or equipment, (c) any loss or damage which was not foreseeable by both you and by us, or which you did not notify us may occur if we breach these Terms of Ue or our legal duty of care to you, or (d) any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software. Nothing in these Terms of Use excludes or limits our liability to you for fraud or for death or personal injury caused by our negligence or for any other liability, which may not be excluded or limited under any applicable law.

16. Our Liability To You

Nothing in these Terms will exclude or limit our liability to you for fraud, death or personal injury or any other liability which the law states may not be excluded or limited. Nothing in these Terms will exclude or limit our liability to you for breach of your legal rights, including the right to receive products which are (a) as described and match information we provided to you and any sample or model seen or examined by you; (b) of satisfactory quality; (c) fit for any particular purpose made known to us; (d) supplied with reasonable care and skill. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable.

17. Complaint Procedure

The EU has set up an online portal to help dissatisfied customers. For complaints about goods or services that you have purchased from us through the Internet, you can find a neutral dispute settlement centre at https://ec.europa.eu/consumers/odr to get an out-of-court solution. Please note that, for some industries and in some countries, there are currently no dispute resolution centres (as of 01.02.2017). Therefore, as a consumer, you may not be able to use this site to resolve disputes with us in these countries. For more information, please visit the EU online portal. We are not obliged to participate in a dispute settlement procedure before a consumer complaint office. Nevertheless, we are generally ready to participate in a dispute resolution procedure before a consumer complaint office. For further questions, please contact help@esaspaceshop.com.

18. Jurisdiction and Applicable Law

This website (including its Terms of Use, Legal Terms, Sales Conditions etc.) are governed by the laws of Italy. If the customer is a legal entity, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the location of the seller (court of Rome, Italy). If the customer is an individual person, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller, according to Italian law 206/2005 and to EC Regulation n. 44/200, is the location of the customer.