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Terms and Conditions

Introduction
These Terms govern:

  • the use of this Website; and

  • any other related Agreement or legal relationship with the Owner,
    in a legally binding manner.
    Capitalised terms are defined in the relevant section of this document.

The User is required to read this document carefully.

This Website is provided by:
Mr. Niceguy snc
Via Carlo Marenco 32, 12073 Ceva CN
Tel. +39 327 489 30 45

Owner's contact email: choosyottica@gmail.com

Essential information for the User

Please note that some provisions of these Terms may apply only to certain categories of Users. In particular, some clauses may apply exclusively to Consumers or exclusively to Users who are not Consumers.
Such limitations are always explicitly indicated in the relevant clause.
In the absence of such indication, the clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the terms of use contained in this section apply generally to the use of this Website.

Additional or specific terms of use or access may apply in certain cases, and in such situations will be indicated within this document.

By using this Website, the User confirms that they meet the following requirements:

  • There are no restrictions regarding Consumer or professional User status.

Content on this Website

Unless otherwise specified or clearly identifiable, all content available on this Website is owned by or licensed to the Owner.

The Owner makes every effort to ensure that the content provided on this Website does not violate any applicable legal provisions or third-party rights. However, this may not always be possible.

In such cases, without prejudice to any legal prerogatives of the User to enforce their rights, Users are kindly asked to report any complaints using the contact details provided in this document.

Rights over content on this Website – All rights reserved

The Owner holds and reserves all intellectual property rights over such content.

Therefore, Users may not use such content in any manner other than what is strictly necessary or implicitly provided for the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits indicated below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer or assign to third parties, or create derivative works from the content available on this Website, or allow any third party to do so through or with the User's device, even without their knowledge.

Where expressly indicated on this Website, the User may download, copy and/or share certain content for personal and non-commercial use only, provided that copyright attributions and all other attributions required by the Owner are correctly cited.

Any limitations or exceptions provided for by copyright law remain unaffected.

Access to external resources

Through this Website, Users may access external resources provided by third parties.
Users acknowledge and agree that the Owner has no control over such resources and, therefore, assumes no responsibility for their content or availability.

The terms applicable to any resources provided by third parties, including any grants of content rights, are governed by the terms and conditions of such third parties or, in their absence, by applicable law.

Permitted use

This Website and the Service may only be used within the limits set out in these Terms and by applicable law.

Users are solely responsible for ensuring that their use of the Website and/or Service does not violate any law, regulation or third-party right.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, including denying access to the Website or Service, terminating contracts, or reporting any unlawful conduct to the competent authorities – whether judicial or administrative – should the User engage in or be suspected of engaging in any of the following activities:

  • violation of laws, regulations and/or these Terms;

  • violation of third-party rights;

  • significant impairment of the Owner's legitimate interests;

  • offensive conduct towards the Owner or third parties.

Liability and indemnification

Unless expressly stated or agreed with the User, the Owner's liability for damages connected to the performance of the Agreement is excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold harmless the Owner, its subsidiaries, affiliates, directors, officers, agents, partners, employees and co-branders, from any claim or demand – including, without limitation, legal fees – brought by third parties in connection with any negligent violation of these Terms, third-party rights or applicable law, related to the User's use of the Service or that of their representatives, collaborators, directors, agents, partners or co-branders, to the extent permitted by law.

The above also applies to any claims by third parties (including the Owner's customers) relating to Digital Products provided by the User, such as claims for conformity defects.

Limitation of liability

Unless otherwise expressly stated, and subject to the limits provided by law, the User shall not be entitled to any compensation for damages from the Owner (or from any natural or legal person acting on its behalf).

This limitation does not apply to:

  • damage to life, health or physical integrity;

  • damages arising from the violation of essential contractual obligations (i.e. those necessary to achieve the purpose of the contract);

  • damages arising from wilful misconduct or gross negligence, provided that the User has used the Website correctly and appropriately.

Except in cases of wilful misconduct, gross negligence or personal injury, the Owner shall only be liable for typical and foreseeable damages at the time of conclusion of the contract.

Australian Users

Limitation of liability
Nothing in these Terms excludes, limits or modifies any warranty, condition, right or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state or territory legislation, and which cannot be excluded, limited or modified (non-excludable right).

To the maximum extent permitted by law, the Owner's liability to the User – including liability for breach of a non-excludable right or any other liability not otherwise excluded by these Terms – is limited, at the Owner's sole discretion, to:

  • a resupply of the service, or

  • the reimbursement of the cost of having the service supplied again.

US Users

Disclaimer of warranties
This Website is provided exclusively on an "as is" and "as available" basis. Use of the Service is at the User's sole risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations and warranties – whether express, implied, statutory or otherwise – including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service, shall create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, directors, officers, agents, partners, suppliers and employees do not warrant that:

  • the content is accurate, reliable or correct;

  • the Service meets the User's requirements;

  • the Service is available at a particular time or location, continuously or securely;

  • any defects or errors will be corrected;

  • the Service is free of viruses or other harmful components.

Any content downloaded or otherwise obtained through the Service is downloaded at the User's sole risk, who shall be solely responsible for any damage to their computer system or mobile device, or for any loss of data resulting from such use.

The Owner does not warrant, endorse, or assume any responsibility for any products or services advertised or offered by third parties through the Service or through linked websites or services, and shall not be a party to or monitor in any way any transaction between Users and third-party providers of such products or services.

The Service may be inaccessible or may not function properly with the User's web browser, mobile device and/or operating system. The Owner shall not be held responsible for any perceived or actual damage arising from the content, operation or use of the Service.

Federal law, certain states or other jurisdictions do not allow the exclusion or limitation of certain implied warranties. Therefore, the exclusions above may not apply to some Users. This Agreement grants Users specific legal rights and they may also have additional rights that vary from state to state. The exclusions and limitations of liability set out in this Agreement do not apply where prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, the Owner – as well as its subsidiaries, affiliates, directors, officers, agents, co-branders, partners, suppliers and employees – shall in no event be held liable for:

  • 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 related to the use or inability to use the Service;

  • damages, losses or injuries resulting from hacking, tampering or other unauthorised access to or use of the Service, the User's account or the information contained therein;

  • errors, inaccuracies or mistakes in the content;

  • personal injury or property damage of any kind resulting from the User's access to or use of the Service;

  • unauthorised access to or use of the Owner's secure servers and/or any personal information stored therein;

  • interruptions or cessation of transmissions to or from the Service;

  • bugs, viruses, trojans or similar that may be transmitted through or via the Service;

  • errors or omissions in any content, or for any loss or damage resulting from the use of content posted, emailed, transmitted or otherwise made available through the Service;

  • defamatory, offensive or illegal conduct by any User or third party.

In no event shall the Owner – nor its subsidiaries, affiliates, directors, officers, agents, co-branders, partners, suppliers or employees – be held liable for any claims, actions, obligations, damages, losses or costs in excess of the amount actually paid by the User to the Owner in the preceding 12 months, or for the duration of the Agreement between the Owner and the User, whichever is shorter.

This limitation of liability clause applies to the maximum extent permitted by applicable law in the relevant jurisdiction, regardless of whether liability is based on contract, tort (including negligence), strict liability or any other legal theory, even if the User has been informed of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the limitations or exclusions set out above may not apply to the User. These Terms grant the User specific legal rights and the User may also benefit from other rights that vary from jurisdiction to jurisdiction. The exclusions and limitations of liability set out in these Terms do not apply where prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold harmless the Owner – as well as its subsidiaries, affiliates, directors, officers, agents, co-branders, partners, suppliers and employees – from and against any claim or demand, damage, obligation, loss, liability, cost or debt, and expense, including, without limitation, legal and court fees, arising from:

  • the User's use of and access to the Service, including any data or content transmitted or received by the User;

  • the User's violation of these Terms, including – without limitation – the violation of any representation or warranty set out in these Terms;

  • the User's violation of any third-party rights, including, without limitation, privacy rights or intellectual property rights;

  • the User's violation of applicable laws, regulations or ordinances;

  • any content submitted from the User's account, including access by third parties using the User's username, password or other security measures (if applicable), including, without limitation, false, misleading or inaccurate content;

  • wilful misconduct by the User;

  • violations of statutory provisions by the User or its affiliates, directors, officers, agents, co-branders, partners, suppliers or employees, to the extent permitted by applicable law.

 

General provisions

No waiver
The Owner's failure to exercise a right or provision under these Terms shall not constitute a waiver of such right or provision.
No waiver shall be deemed further or continuing beyond what is expressly stated in writing.

Service interruption
In order to ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or changes, notifying Users appropriately.

To the extent permitted by law, the Owner may also suspend or permanently discontinue the Service.
In the event of discontinuation, the Owner shall endeavour to cooperate with Users to allow them to withdraw personal data or information, and shall protect Users' rights relating to the continued use of the product and/or any forms of compensation, as provided by applicable law.

The Service may also be temporarily unavailable due to causes beyond the Owner's control, such as force majeure events (e.g. infrastructure failures, blackouts, etc.).

Resale of the Service
Unless prior written authorisation is obtained from the Owner – granted directly or through a legitimate resale programme – it is prohibited to reproduce, duplicate, copy, sell, resell or exploit any part of this Website or the related Service.

Privacy policy
For more information on the use of their personal data, Users may refer to theprivacy policy of this Website.

Intellectual property rights
Except as otherwise specifically provided in these Terms, all intellectual property rights — such as copyrights, trademarks, patents and design rights — relating to this Website are the exclusive property of the Owner or its licensors, and are protected by applicable law and international intellectual property treaties.

All trademarks — whether word marks or figurative marks — and any other distinguishing signs, trade names, service marks, words, illustrations, images or logos displayed in connection with this Website are and remain the exclusive property of the Owner or its licensors, and are protected under applicable laws and international intellectual property treaties.

Changes to these Terms

The Owner reserves the right to modify or update these Terms at any time. In such cases, the Owner shall adequately inform Users of the changes made.

Such changes shall take effect exclusively from the date communicated to Users.

The User's continued use of the Service shall constitute acceptance of the amended Terms.
Should the User not wish to accept the changes, they must cease using the Service and may terminate the Agreement.

Until acceptance by the User, the previous version of the Terms shall continue to apply.
The User may request a copy of any previous version from the Owner.

Where required by applicable law, the Owner shall notify Users in advance of the effective date of the new Terms.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose by novation or subcontract, in whole or in part, any rights or obligations arising from these Terms, taking into account the legitimate interests of the User. The provisions regarding changes to these Terms shall apply, where applicable, in this case as well.

The User may not assign or transfer their rights or obligations under these Terms in any manner without the written consent of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact details set out in this document.

Severability

Should any provision of these Terms be or become null, invalid or unenforceable under applicable law, such nullity or unenforceability shall not affect the validity of the remaining provisions, which shall remain fully valid and effective.

Users in the United States
Any provision deemed null or unenforceable shall be interpreted, modified and adapted to the extent reasonably necessary to make it valid, enforceable and consistent with the original intent. These Terms constitute the entire Agreement between the User and the Owner with respect to the subject matter hereof, superseding all prior communications or agreements. The Terms shall be enforced to the maximum extent permitted by law.

Users in the European Union
Should any provision of these Terms be or be deemed null, invalid or unenforceable, the parties agree to replace it, amicably, with a valid and enforceable provision that reflects as closely as possible the original intent.
Failing that, the null, invalid or unenforceable provision shall be replaced by the applicable statutory provisions, where permitted or required.

Without prejudice to the foregoing, the nullity or unenforceability of a single provision shall not invalidate the entire Agreement, unless such provision is essential to the Agreement, or so material that the parties would not have entered into the contract had they known of its invalidity, or if its removal would place an unacceptable burden on one of the parties.

Applicable law

These Terms are governed by the law of the country in which the Owner is established, as indicated in the relevant section of this document, regardless of conflict of law provisions.

Prevalence of national law

However, notwithstanding the above, if the law of the country in which the User is located provides for higher consumer protection standards, such standards shall prevail.

Exception for Consumers in Switzerland

If the User qualifies as a Consumer in Switzerland, Swiss law shall apply.

Exception for Consumers in Brazil

If the User qualifies as a Consumer in Brazil and the product and/or service is marketed in Brazil, Brazilian law shall apply.

Jurisdiction

Exclusive jurisdiction to decide any dispute arising from or connected to these Terms is attributed to the courts of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for Consumers in Europe

The above clause does not apply to Users who qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

Exception for Consumers in Brazil

The jurisdiction clause does not apply to Users in Brazil who qualify as Consumers.

Last updated: August 2025