The Website www.tingpaint.com (hereinafter, the Website) is the exclusive property of Habitus S.r.l. (hereinafter also Habitus), with registered office in Roma (RM), Via Luigi Chiarini 186 00128 VAT number and tax code no. 13753351009. This document (hereinafter, T&C), bearing the terms and conditions of sale of Habitus’s products and services as well as the terms of use of the Website, must be considered together with the Privacy Policy.

Through the Website, Habitus presents its products and/or services, also allowing users to purchase them online, under the terms and conditions set out below. By using the Website, the User accepts the T&Cs. The purchase of Habitus Srl products/services as well as the use of the Website are subject to the application of these T&Cs and any other regulation or policy published on the Website.

In case of disagreement with any term or condition or subsequent modifications thereof, or in case of dissatisfaction with the products/services offered by Habitus Srl, the User will have the right and duty to immediately stop using them. Habitus Srl has the right, but not the obligation, to strictly enforce the T&Cs also, but not only, through the moderation of users and litigation in the appropriate judicial offices.

1. Definition

Contents: (i) files containing text, images, audio and/or video recordings, data and/or information organised in a database and in any case all files, documents and/or information in any format made available by the Users and that Habitus Srl makes available through the Website, or the Services, including any Content licensed by a third party; (ii) files containing text, images, audio and/or video recordings, data and/or information organised in a database and in any case all files, documents and/or information in any format are transmitted, copied, sent, made available to the Users of the Website also by the Users themselves. In particular, this definition includes all images, videos and digital material of any kind that represents the User during the Experience and the performance of the activities planned therein.

Personal data: all personal information related to each User, including the name of the person, address and telephone number, possibly collected through the Website.

User: all natural or legal persons accessing the Website.

Service: the services offered by Habitus Srl through the Website.

Website or Platform: the domain Habitus Srlpaint.com, and any of its contents, including any subdomains, any URL or parts thereof.

Product: any type of product offered for sale by Habitus Srl through the Platform, with particular but not exclusive reference to paints, paints and all products related to painHabitus Srl.

1.2 Depending on the context, the meaning of a term used in the singular includes the plural, that of a term used in the masculine includes the feminine, and vice versa.

2. Website and Platform description

2.1 The Website and the Services include an e-commerce in which Products related to wall painting and painting in general are collected, represented and sold so that Users can purchase them more easily. Specifically, Habitus Srl makes available for sale on the Platform standardized packages containing all the essential products for wall painting and/or painting in general for novice users (hereinafter, Starter Pack). Habitus Srl reserves the right to protect its interests and that of its Users as a result of the violation of one or more obligations and prohibitions referred to in these T&Cs. It is understood that Habitus Srl has no control over the conduct of Users and excludes any liability in this regard within the maximum limits permitted by law.

3. Privacy

The User declares to have read the Privacy Policy relaHabitus Srl to Habitus Srl, available at https://www.tingpaint.com/it/policies/privacy-policy. Said Policy contains all the information necessary for the User about the acquisition and use by Habitus Srl of the Users' personal data.

4. Purchases and Orders

To proceed with the purchase of a Product, each User must first provide some of his personal data, which are essential for the proper functioning of the order and payment management system. Users certify that they are over 18 at the time of purchasing the goods.

The User undertakes and guarantees not to provide any incorrect or false information. In any case, Habitus Srl cannot under any circumstances be held responsible for the incorrectness or falsity, innocent, guilty or malicious, of the information communicated by Users.

It will be the User's responsibility to ensure that the information and documentation provided during the purchase is, from time to time, updated, not expired and in any case suitable for the purpose of placing the Order. It is understood that Habitus Srl is not required to verify the exact identity of its Users nor can it confirm the identity of each User.

When filling in the forms provided in the appropriate section, the User must indicate an e-mail address (of which the system will automatically verify the uniqueness) and the additional contractual and fiscal documentation (e.g. name and surname, shipping address , tax code and / or VAT number). The e-mail address provided will constitute the credential (the Credential) through which Habitus Srl proceed with the identification of the User, as the person to whom to report the activity or services requested on the Site.

The Credential is personal, confidential and non-transferable.

In no case may the User be able to use the credentials of third parties. Any exception to this rule must be explicitly requested by the User from Habitus Srl. The User may therefore proceed only with an explicit and specific authorization from Habitus Srl. In the absence of such explicit authorization, the use of new credentials under one's own identity (in addition to the first one) or under that of a third party may result in the immediate and indefinite suspension of the User from using the Platform.

The User may proceed with the purchase of the Products presented on the Platform by sending a purchase order for one or more Products (hereinafter, Order).

It is understood that the presentation of the Products on the Platform by Habitus Srl consists merely of an invitation to negotiate and does not constitute an offer to sell or a binding contract. Therefore, the User by proceeding with the purchase of the Products submits a Purchase Order. Habitus Srl, therefore, proceeds to verify the Order remaining in Habitus Srl's full discretion to refuse an Order if it is found that it has been carried out in violation of these T & Cs or if there is any other cause of impediment to the correct fulfillment of the Order.

Once the purchase process has been successful and has been accepted by Habitus Srl, the User will receive an Order confirmation email to the address provided when sending the Order and showing the number of the Order placed and the list of Products contained in the Order itself. 

4.1 Cancellation, cancellation or rejection of the Order

If the User have already paid the price for the purchase of the Product and the relevant Order is refused, canceled or deleted in whole or in part, the User shall be entitled to be refunded the price, or part of it, paid for the Order, or part of it, that has been refused or canceled.   

4.2 Return of Products (due to their defects)

Habitus Srl is very attentive to the quality of its Products. If a User intends to return a Product deemed defective, he can do so by following the procedure indicated in Art. 9.2 infra.

The returned Products are subjected to inspection by Habitus Srl to verify their quality and the User will be entitled to be reimbursed only in the event that the damage found was due to a manufacturing defect or a difference from the factory specifications. In this circumstance, Habitus Srl undertakes to fully reimburse the amount paid by the User for the purchase of the defective Product.

It is understood that Habitus Srl is not responsible for defects that do not relate to the quality of the materials or the assembly process. Likewise, Habitus Srl does not issue refunds for products:

• • purchased from sources other than the Platform;
• • damaged by misuse or negligence (eg damage from chemicals, caustics, open flames, high temperatures, sharp objects, etc.);
• • damaged as a result of improper use or activities other than those for which the Products are intended.

4.3 Delivery

Habitus Srl uses third parties for the management of logistics and product deliveries. In particular, in identified partners are the following:

• GLS - General Logistics Systems Italy SpA
• SDA - SDA Express Courier S.p.A.

The general conditions of transport applied by the aforementioned partners apply to shipments of Habitus Srl Products, available respectively:

• as regards SDA, on the website www.sda.it and at the link https://www.sda.it/wps/portal/SDAit/condizioni-generali-trasporto;
• as regards GLS, on the website www.gls-italy.com and at the link https://www.gls-italy.com/it/home/termini-e-condizioni?Itemid=208.

The general conditions of carriage mentioned above will therefore be referred to and incorporated in their entirety in the present T&C mutatis mutandis.

9. Withdrawal

9.1 In accordance with Directive 2011/83 / EU and art. 52 of Legislative Decree 2005, n. 206 (hereinafter, Consumer Code) the User has the right to withdraw within 14 days from the time of delivery of the Product, or, if the Order contained more Products to be delivered separately, it starts from the delivery of the last Product or of the last Products (hereinafter, Withdrawal Period).

9.2 Before the expiry of the Withdrawal Period, the User is required to notify Habitus Srl of his intention to withdraw from the purchase of the Product by sending an email to nopain@tingpaint.com and communicating the order number from which he intends to withdraw. . Accordingly, immediately after, and in any case within fourteen (14) days from the day on which the User communicated the withdrawal, the user is required to send back to Habitus Srl the Products purchased and which they intend to return, properly packaged, to the address Via Luigi Chiarini 186, 00128, Roma (RM).

It is understood that pursuant to art. 59 of the Consumer Code, paragraph 1, lett. c) and e), the User's right of withdrawal within the Withdrawal Period does not apply to cases in which:

• the supply of goods made to measure or clearly personalized;
• the supply of sealed goods which cannot be returned for hygienic reasons and have been opened after delivery.

If the User withdraws from the purchase of the Products before the expiry of the withdrawal period, Habitus Srl will refund the User all the sums paid by the User at the time of purchase, including delivery costs. To this end, Habitus Srl will credit the refund amount using the same payment method used by the User for the purchase of the product as better described in Art. 10. Habitus Srl reserves the right to withhold the refund until the returned Products have been received, or, if earlier, until the User has provided proof that the Products have been returned.

10. Payments

Habitus Srl makes available to Users, also through third-party services, an e-commerce service for the direct purchase of products for wall painting and painting in general. Habitus Srl, therefore, operates as a seller of its own Products and / or reseller of Products purchased from third parties and made available for purchase on the Platform. Any payment made through the Platform is made directly between the User and Habitus Srl.

The payment has to be made by credit or debit card, therefore the User uses the service offered by third parties through the Platform: the Users must connect, following the instructions on the Platform, to the secure Stripe or Paypal circuit which guarantees confidentiality of data and the security and efficiency of transactions. The provisions on Payments referred to in the CUs as well as the general contract conditions prepared by Stripe and Paypal, available at the following link are hereby understood to be fully recalled:

Shopify - Paypal - Stripe

It is understood that the links may change over time and therefore the reference made here is to the texts of the general terms and conditions of the partner platforms as amended and in force from time to time, irrespective of their availability at these links.

Habitus Srl will not be liable for any damage caused to the User by the use of the service offered by Stripe or Paypal.

For the purpose of the production and forwarding of tax and accounHabitus Srl documents (including receipts, receipts, invoices and any other equivalent document, however named) Habitus Srl will use the data provided by users upon registration or otherwise available in the registry of Users on the Platform.

11. Responsibilities of Habitus Srl S.r.l.

11.1 Exclusion of guarantees

The User accepts that the use of the Platform and the Service offered by it is entirely at his/her own risk and responsibility. The Platform and the Service provided by it are provided on an “as is” and “as available” basis, without warranties and/or liability of any kind. All express and implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose are expressly excluded to the fullest extent permitted by law, and to the same extent, Habitus Srl disclaims all warranties for the safety, reliability, timeliness, accuracy and performance of the Platform.

To the maximum extent permitted by law, Habitus Srl cannot be held liable for other services or goods received through or advertised on the Platform.

To the maximum extent permitted by law, Habitus Srl cannot be held liable for the transmission of computer viruses or other harmful components in connection with the Platform or Service.

11.2 Limitation of liability

Under no circumstances may Habitus Srl be held liable for damages to third parties or contracHabitus Srl parties resulHabitus Srl, directly or indirectly, from the use of the Platform or the Service, or resulHabitus Srl from any contract between the User and third parties. This exclusion of liability concerns, among others, direct, indirect, accidental, special, exemplary and consequential damages, including: loss of profits, loss of data or loss of goodwill; computer damage; cost of substitute products or services; any damage related to personal or physical injury.

This limitation of liability shall extend to cases where Habitus Srl is advised of the possibility of such damages.

The damages to which the limitation of liability refers may result from: the use or misuse of the Platform or the Service, the inability to use the Platform or the Service, or the interruption, suspension, modification, alteration, or termination of the Platform or the Service.

This limitation also applies in relation to damages suffered due to other services or products received through advertising or in connection with the Platform or the Service or any link on the Platform, as well as due to information or advice received through or advertised in connection with the Platform or the Service or any link on the Platform. These limitations apply to the maximum extent permitted by law.

12. Content published on or through the Platform

12.1 Content Coming from Users

All Content published on the Platform, transmitted through, or accessible via links from the Platform, is the sole responsibility of the User from whom such Content originates. The User is solely responsible for any Content posted, email or material otherwise made available through the Platform. The User is aware that Habitus Srl does not control and is not responsible for Content made available through the Platform, and that by using the Platform, the User may be exposed to Content that is offensive, indecent, inaccurate, illegal, misleading.

12.2 Links to other websites

The Platform, and the Services may contain links to third party websites or resources. Habitus Srl is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Habitus Srl of such websites or resources or the Content, products or services available from such websites or resources. The User undertakes the sole responsibility for and assume all risks arising from his/her use of such websites or resources or the Content, products or Services on or available from such websites or resources.

Habitus Srl is also not responsible for the privacy policies or practices adopted on other websites. When a Platform User clicks on a link to another website or app, the User is responsible for reading the privacy policies of that website or app.

12.3 User Authorisation

Without prejudice to the above, the Users authorise Habitus Srl to use any photographic image and/or video recording that portrays them when taken in the context of an Experience, without prejudice to the right to revoke such authorisation by written notice. The Users also irrevocably authorise Habitus Srl to use all Contents and any part or element thereof, without any restriction whatsoever, throughout the world, in perpetuity and in any case for the duration of the legal protection as established in each country of the world.

By way of example, but not limited to, the abovementioned authorisation also includes the right to use the Content as to:

publish, disseminate, communicate to the public and make available to the public so that everyone can have access to them at the time and place chosen individually, in whole or in part, by any means and/or technology and in any way (including interactive), currently known and/or developed in the future, the Contents through the Platform;

for the purposes of the above, reproduce and modify the Contents in any way or form in order to comply with the technological constraints imposed by the Platform’s operaHabitus Srl methods;

authorise other Users of the Platform to reproduce the Contents in order to display them on their terminals using the Services and the Platform.

The above rights are understood to be granted on a non-exclusive basis and therefore the User remains entitled to use the same Content in any form and manner.

12.4 User Declaration

The User declares to fully and legitimately dispose of all rights relaHabitus Srl to the Contents (by way of example, but not limited to: copyright, image and/or personality rights in general, trademark and other rights, privacy rights, portrait rights, etc.) that he or she publishes on the Platform.

The User expressly declares that where he or she is not the full owner of the rights to the Content that he or she publishes, he or she has been expressly authorised to dispose of the Content by the third party owners of such rights and is therefore fully entitled to grant authorisation to use the Content to the extent provided for in these Conditions.

The User agrees not to publish any Content if such Content and/or its use:

is false, obscene, pornographic, defamatory, or includes racist, violent, offensive, harassing, or incites to commit crimes or is in any case illegal in Italy or in the place where the User uses the Services or the Platform or under other applicable laws;

violates the rules on the processing of personal data or on the protection of trade secrets and confidential information;

it presupposes that the User is in possession of authorizations, rights or requirements required by law which the User does not have;

it violates patents, trademarks, copyrights or other rights of third parties;

it contains computer viruses or any program or software designed to interrupt, destroy, damage or even limit the functionality of any software, hardware or network equipment or the Services or the Platform itself;

it is in any way harmful to Habitus Srl, the Users or third parties.

The User guarantees the good quality of the Contents it publishes and their suitability for the use for which they are intended.

13. Changes of the T&Cs

Habitus Srl reserves the right, in its sole discretion, to modify the Platform or Services, or to modify these T&Cs, at any time. In case of changes to the T&Cs, they will be published on the Platform and the "Last update date" at the bottom of the T&Cs will be updated. By continuing to access or use the Platform or the Services from the time of the change notice, the User accepts these conditions as modified. If such changes are deemed unacceptable, the only possibility will be to cease using the Platform.

14. Intellectual and industrial property rights

Without prejudice to the provisions contained in Habitus Srl's Privacy Policy, any Content transmitted through the Platform by Users, whether by email or other means, for any reason whatsoever, shall be treated as non-confidential and not proprietary. In the event that Users own all rights to such communications or Content, they expressly grant Habitus Srl and its designated licensors a non-exclusive, perpetual, worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, or use such material for any purpose, regardless of the form or medium (now known or currently unknown) in which it is used.

Please do not publish confidential or protected information on the Platform as intellectual or industrial property rights unless otherwise agreed in wriHabitus Srl.

15. Complaints Management

If a User believes that the conduct of other Users is inappropriate, that his intellectual or industrial property rights have been violated, as well as his privacy, or that there are technical malfunctions of the Platform, the User himself, within 48 hours from the discovery of the violation, must immediately send a written communication to Habitus Srl, to the e-mail address nopain@tingpaint.com.

To be effective, the notification must include:

- The handwritten or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

- User data that were provided at the time of creaHabitus Srl the User Account in order to be able to correctly identify it;

- a detailed explanation of the malfunction or the violation and the reasons for which it is believed that this violation is inappropriate and / or detrimental to the rights of the User who is making the complaint;

- the User's personal data connected to the User Account of which it is believed that the violation and / or the unlawful conduct is committed;

- a statement in which the injured party declares that the information contained in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right, allegedly infringed.

With particular regard to complaints regarding issues of intellectual or industrial property infringement, the User will also be required to communicate in the complaint:

- Identification of Content protected by copyright or trademark law that is believed to have been infringed;

- Identification of the material believed to be the subject of illegal activity and information reasonably sufficient to allow us to locate the material;

- A statement in which the injured party has a good faith belief that the use of the material is not authorized by the copyright or trademark owner, the agent in charge or the law.

The User agrees that upon receipt of a notice of intellectual property infringement complaint against him, Habitus Srl may immediately remove the materials identified on the Platform without any liability towards Users or third parties.

16. Indemnity

The User agrees to release, defend, indemnify and hold Habitus Srl and its affiliates and subsidiaries, and their officers, directors, employees and agents not liable from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounHabitus Srl fees, arising out of, or in any way related to:

• the access or use of the Platform, the Services or the Content by them or the violation of these Terms of Use by the Users themselves;
• the Content processed, transmitted, copied, sent, made available by the Users themselves;
• any of the following actions performed by the Users themselves:
• the interaction with any User;
• the request for a Service;

Habitus Srl reserves the right, at its sole discretion, to organise the defence with a defender of its own choice, against all legal claims, lawsuits or other causes of action requiring financial compensation made by the User, without the User having any objection.

17. Relationship between the Parties

Habitus Srl and the Users are independent parties, each of which acts in its name and for its own purposes. These Terms of Use do not create any bond of subordination, agency, representation, association, intermediation, partnership, employment or franchising relationship between Habitus Srl and any User of the Site.

None of the clauses contained in the Terms of Use, or in the policies of Habitus Srl, or any other material, can be considered intended to constitute, create, give effect or otherwise recognize a company, an agency, a joint venture or an entity of formal business of any kind, or to create a relationship of trust between the parties.

The rights and obligations of the parties must be limited to those expressly indicated in this document.

18. Applicable law and arbitration clause

These Terms of Use are governed and interpreted in accordance with the laws of Italy.

The parties to these T&Cs will submit disputes arising from the T&Cs to the conciliation attempt provided for by the Conciliation Service of the Arbitration Chamber of Rome ("Arbitra Camera"). In the event that the attempt fails, all disputes arising from these T&C, even of a non-contractual nature, relaHabitus Srl or connected to the same as well as to the interpretation of its parties, will be resolved by arbitration according to the Rules of the Arbitration Chamber of Rome ("Arbitra Chamber "), by a single arbitrator, appointed in accordance with these Regulations. The Arbitral Tribunal will judge according to fairness. The seat of the arbitration will be Rome and the meeHabitus Srls may also be held electronically, if the identification of the Parties is permitted and they have full power to listen and intervene. The language of the arbitration will be Italian.

19. Additional Terms

Habitus Srl is not responsible for the relationships created between Users.

The sections of the clauses of the Terms of Use have a descriptive function and do not affect their interpretation;

The User accepts that the rights and obligations contained in these Terms of Use, as well as any other documents that are incorporated into them by reference may be freely and lawfully transferred by Habitus Srl to third parties in the event of a merger or acquisition, or other event;

In any case, through the Platform, the Users undertake to comply with all national and international laws and regulations currently in force for the use of Habitus Srl’s Services in relation to the activities carried out on the Platform by the Users themselves. No derogation to the present Terms of Use will be granted, without the written authorisation obtained and a new contract signed between Habitus Srl and the User;

All communications to the Users’ attention will be sent to the email address provided at the time of registration on the Platform. Messages and notifications are considered received 24 hours after the email has been sent, unless a notification has been received indicaHabitus Srl that the email address is invalid or not working.

 

Last Update: 11/06/2025