TERMS AND CONDITIONS OF USE

Terms and Conditions of Use

1.         General Provisions

1.         These General Terms and Conditions of Use (hereinafter, for brevity, "Terms") are entered into between the user of the site, whether natural or legal person, (hereinafter, for brevity, "User") and Officine Marketing, in the person of its legal representative pro tempore, e-mail: info@officinemarketing.com, (hereinafter, for brevity, "Seller").

2.         In particular, these Conditions govern the use of the site www.officinemarketing.com, (hereinafter, for brevity, the "Site") by the User.

3.         The term User refers to both the Consumer User (the term Consumer refers to the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out) and the Professional User (the term Professional refers to the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or its intermediary).

2.         Definitions

1.         The following terms shall have the meanings set out below in these Conditions:

1. "Account" shall mean the environment made available by the Seller, including the possibility for the User to access certain Services and set his own Preferences.

Order Confirmation Communication" means the communication sent by e-mail by the Seller to the e-mail address indicated by the User when sending an order, through which the Seller confirms receipt of the order and the availability of the Products requested. This communication will contain: a reference to these Conditions, the order number, shipping and invoicing information, a list of the Products ordered with their essential characteristics and the total price, including delivery charges.

3. "Communication of Definitive Unavailability of Products" means the communication sent by e-mail by the Seller to the e-mail address indicated by the User when sending an order, through which the Seller informs the User of the unavailability of one and/or more Products.

4. "Content" means any and/or all music, sound elements, photographs, images, videos, messages, or other material, including Data, uploaded and/or present on the Site.

5. "Authentication Credentials" means the username and password and/or other means of authentication by which the User is enabled to access the Account and/or use the Services made available by the Seller, for which prior Registration is required.

6.         "Data" means any and all information, also relating to an identified or identifiable natural person, such as, purely by way of example and without any claim to completeness, name, surname, e-mail address, telephone number, any interests and/or purchasing habits and/or other types of personal data that Users provide to the Seller during Registration.

7.         "Rights on the Site" means all the Rights having as their object the software underlying the Site, expressly including the exclusive rights provided for by law 22 April 1941, no. 633 and subsequent amendments and integrations and, in particular, by articles 64-bis ss. of the same law. By way of example only and, therefore, without any claim of completeness, the exclusive right to reproduce, execute, upload, elaborate, adapt, translate, distribute, disseminate to the public, and distribute elaborated and/or modified and/or adapted versions of the software underlying the Site are included in the Site Rights.

8. "Technological Protection Measures" means all the functions through which the Seller can protect, exercise and/or administer its Rights in relation to one and/or more "Digital Products". In particular, through the application of one and/or more Technological Protection Measures, the Seller may limit some of the User's rights of use, such as, by way of example only, the right to make copies of the Digital Product, the possibility to reproduce the Digital Product on more than one device and/or to simultaneously use the Digital Product from more than one location, the right to print one and/or more pages of the Digital Product, etc.

9. "Account Preferences", means that section of the Site, accessible through the User's Account, in which the User is enabled to update and/or modify the Data entered during Registration.

10. "Privacy Policy" means the information on the processing of personal data, prescribed by Article 13 of Legislative Decree no. 196 of 30 June 2003 and subsequent amendments and additions. Unless otherwise stated, the Privacy Policy will be published on a specific page of the Site and will be accessible through a hyperlink both from the footer of the Site and when creating the order for one and/or more Products.

11.       "Products" means all the goods offered for sale by the Seller through the Site, as better specified and specified in the individual Product Sheets.

12.       "Digital Products", means those particular categories of Products consisting in digital Contents supplied to the User by means of download on a non-material support. By way of example only, the following fall within the notion of Digital Products: i) software and/or applications; ii) photographs and/or any other type of computer representation of images; iii) audiovisual contents; iv) electronic documents such as guides, books, magazines, text documents, etc.

13.       "Programme" means the computer program underlying the Services and functionalities made available through the Site, including the functional and graphic interfaces, which is the exclusive property of the Seller and on which the Seller holds all the rights indicated in Article 64 bis of Law no. 633 of 22 April 1941 and subsequent amendments, which is granted for use, according to the methods indicated below, to the User.

14.       "Reviews", means that particular type of Content consisting of any and/or all types of information (e.g. messages and/or photos and/or videos etc.) through which the User is placed in a position to publish his/her own opinion regarding the Products offered by the Seller through the Site.

15.       "Registration" means the computer procedure through which a specific natural or legal person, after accessing the Site, is enabled to use the Services for which Registration is required, as well as the creation of their Account. In order for Registration to be successful, the User will be asked to provide certain Data that will be kept by the Seller.

16.       "Product Sheet", means that particular area of the Site, in which is present: i) the name of the Product sold by the Seller through the Site, ii) the essential characteristics of the Product, iii) the price of the Product, inclusive of taxes; iv) the availability of the Products; v) any applicable delivery charges.

17.       "Services", means all the functionalities that the Seller offers to the Users of the Site and includes, among others, the visualization of the Product Cards, as well as the completion of online purchases.

18. "Use of the Site", means any and all operations carried out by the User from the moment of access to the Site, including the simple consultation of the Product Sheets, whatever the access device (e.g. PC, tablet or smartphone), the type of connection (private, third party, public or WI-FI) and the place of connection.

2.         It is expressly understood that the definitions set out in these Terms have the same meaning (except for the number) when used in the plural and vice versa.

3.         Conditions of use of the Site

1.         The User must not use the Site, or any Content, in such a way as to cause detriment to the Seller or third parties. In particular, the User is obliged to refrain from using the Site or the Contents present therein to carry out activities in competition, or in any case in such a way as to damage or prejudice the interests, including economic interests, or the image of the Seller, other Users or third parties.

2.         Navigation on the Site is permitted to both adults and minors. The purchase of Products may only be made by persons of legal age.

3.         The User agrees to use the Services and functionalities made available by the Seller through the Site in full compliance with the laws in force and, in any case, agrees not to use the aforementioned Services and functionalities for any purpose contrary to those permitted by the Seller, including but not limited to

1.         Uploading, posting and transmission and/or dissemination, in any manner or form, through the aforesaid Services or functionalities, of illegal or prohibited Content, including, but not limited to, videos showing nudity, pornography, sex, inappropriate images of children, violence, dead or seriously injured mistreated animals, as well as messages and/or materials that use obscene, blasphemous, pornographic, racist or otherwise defamatory language for other Users and/or subjects, natural or legal persons, as well as Content of which it is not the legitimate owner or in respect of which it has not obtained the prescribed authorizations ;

2. the violation of any right of third parties, including rights to image, name, decorum, honour and reputation, including commercial rights

3. the dissemination or disclosure of Content and/or material preordained to the commission of unlawful activities, including but not limited to incitement to violence and/or the commission of offences of any nature whatsoever

4. the transmission of viruses and/or other computer tools that may compromise the integrity and/or security of computer equipment (so-called malware, trojan horses, etc.)

5. the reporting and dissemination of links to websites where any of the above-mentioned prohibited activities are carried out;

6. behaving in any way improperly in any interactions with other Users during the period of use of the aforementioned Services and functionalities

7. the performance of activities in any way referable to spamming and/or any type of undesired interaction with other Users.

4.         In order to access certain Services and/or functionalities of the Site, the creation of an Account may be required. To this end, the User may be requested to provide information that allows his/her identification. Pursuant to Legislative Decree No. 196 of 30 June 2003, the Seller is obliged to collect and store personal data that enable the identification of the User, who, therefore, undertakes to transmit accurate and complete data regarding his identity and refrains from usurping the identity of others. In the event that this commitment is not fulfilled, the Seller reserves the right not to confirm, suspend or delete the Account without notice and with immediate effect, with the exclusion of any and/or all indemnity, compensation and/or reimbursement for the User.

5.         The User undertakes to diligently guard the Authentication Credentials, which constitute confidential data for which the User is solely and exclusively responsible, also with regard to the activities carried out through their use.

6.         The User, therefore, undertakes to promptly contact the Seller, or in any case within a reasonable period of time, at the contacts indicated in art. 1 or at a different address communicated by the latter, sending suitable written communication in the event of theft or loss of the Authentication Credentials, in order to request their deactivation and consequent replacement by the Seller, as well as for any use, even presumed, of the Services and functions made available through the Site by unauthorised third parties.

7.         It is understood that the Seller cannot, in any way, be held liable for any damaging or prejudicial consequences deriving from the incorrect use, loss, theft and/or compromise of the confidentiality of the Authentication Credentials, in the event that the User fails to send the aforementioned communication.

8.         The User acknowledges and agrees that the publication of Reviews, if any, regarding the Seller's Products is subject to these conditions: a) vulgar, blasphemous language or, in any case, language inappropriate to the context of the Site must not be used; b) the content of the Reviews must not be false and/or untrue c) Reviews can only be published by Users who have actually purchased that particular Product; d) it is expressly forbidden to publish "negative" Reviews for the sole purpose of discrediting the professional image and/or reputation of the Seller; e) it is expressly forbidden to use inappropriate and/or offensive and/or vulgar expressions towards other Users.

9.         The User is expressly informed that the Seller reserves the right, but not the obligation, to remove, at its sole discretion, and without any liability to the User, Reviews that violate these Conditions and, in particular, that are, at the sole discretion of the Seller, a) not appropriate to the context of the Site b) are false and/or untrue; c) are published by Users who have not purchased the relevant Product; d) have the sole purpose of discrediting the professional image and/or reputation of the Seller and/or third parties; e) contain inappropriate and/or offensive and/or vulgar expressions towards other Users.

4.         Modification of the Site and General Conditions

1.         The Seller reserves the right, at any time, at its sole discretion and without prior notice, to make any changes, additions and/or updates that it deems necessary and/or appropriate to the Site, the Content (e.g. prices), the Programme and/or other materials contained on and/or available through the Site (including these Terms and Conditions).

2.         It is understood that any such change and/or update shall not affect any contract entered into between the Seller and the User prior to the making of such change and/or update.

3.         Amendments and/or updates shall have retroactive effect only in the event that they are imposed by legislative measures and/or administrative, governmental or judicial bodies or authorities.

5.         Pre-contractual information for the Consumer - Article 49 of Legislative Decree 206/2005

1.         The User, prior to the conclusion of the purchase contract, shall examine the characteristics of the Products that are illustrated in the individual Product Sheets at the time of the User's choice.

2.         Prior to the conclusion of the purchase contract and prior to the validation of the order with "obligation to pay", the User is informed about

total price of the Products including taxes, with details of shipping costs and any other cost;

method of payment;

deadline by which the Seller undertakes to deliver the goods;

conditions, terms and procedures relating to the right of withdrawal;

existence of the legal guarantee of conformity for the Products purchased.

3.         The User may at any time, and in any case before the conclusion of the contract, acquaint himself with the information relating to the Seller, information that is reported in the "Contacts" of the Site and/or,

6.         Subject matter of the contract

1.         These Conditions govern: i) the sale and purchase of Products purchased by the User through the Site; A) the purchase of any additional or accessory Services; B) navigation on the Site by the User, as well as the use of all Services and functions made available to the User through the Site.

2.         The User is expressly informed that the purchase of Products is reserved to Users who have successfully completed the Registration procedure.

3.         The User is expressly informed and acknowledges that the Seller reserves the right to refuse and/or cancel orders that come from: A) a User who has previously violated these Conditions, B) a User who has been involved in fraud of any kind, in particular, with reference to credit cards, C) Users who have provided false and/or incomplete and/or inaccurate Data.

7.         Arrangements for the completion of the contract

1.         The characteristics and price of the various Products for sale on the Site are indicated in the relevant Product Sheets.

2.         To purchase Products, the User shall fill in and send the order form in electronic format, following the instructions contained in the Site. The User shall add the Product to the "Shopping Cart" and, after having read these General Conditions and the Privacy Policy and confirmed their acceptance, shall enter the Shipping and Invoicing Data (if required), select the desired payment method and confirm the order.

3.         By sending the order from the Site, which has the value of a mere contractual proposal, the User acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and that he/she fully accepts these General Terms and Conditions and the transcribed payment terms, as well as the Privacy Policy.

4.         The contract (hereinafter the "Contract") concluded between the Seller and the User shall be deemed concluded with the acceptance of the order by the Seller. This acceptance is communicated to the User through the Order Confirmation Communication.

5.         Without prejudice to the possible exercise of the right of withdrawal, the User is expressly informed and agrees that, upon receipt of the Order Confirmation Communication, the User will have 12 (twelve) hours to notify the Seller (by e-mail and/or through the other methods that may be indicated on the Site) of any errors in sending the Order. Once this time limit has elapsed, the Order will be put into processing for shipment and no further changes will be accepted. This is without prejudice, where applicable, to the User's right to exercise the right of withdrawal.

6.         The risk of loss of or damage to the Products, for reasons not attributable to the Seller, is transferred to the User only when the latter, or a third party designated by him and different from the carrier, materially takes possession of the Products.

7.         However, the risk is transferred to the User already at the moment of delivery of the Product to the carrier if the latter has been chosen by the User and not proposed by the Seller, without prejudice to the User's rights against the carrier.

8.         Information on the Products

1.         The Seller shall make every effort to accurately display the characteristics of the Products, including their composition and colours. Nevertheless, there may be some errors, inaccuracies or small differences between the Product displayed on the Site and the actual Product. The colours displayed depend on the system used on the computer or other electronic device used by the User; therefore, the Seller cannot guarantee that the computer or electronic device used by the User will accurately reproduce the colours.

2.         Please also note that the photographs of the Products presented on the Site do not constitute a contractual element, as they are only representative.

3.         The User is expressly informed that certain Digital Products may be subject to Technological Protection Measures. Consequently, the User is expressly invited to carefully consult the relevant Product Sheet in order to become aware of the eventual Technological Protection Measures applied by the Seller, before sending the order.

9.         Availability of the Products

1.         The availability of the Products - as indicated in the Product Sheets - refers to the actual availability at the time the User places the order. Such availability must in any case be considered purely indicative because, due to circumstances beyond the Seller's control (e.g. the simultaneous presence on the Site of several Users), the Products may no longer be available.

2.         Should one and/or more Products be unavailable, the Seller will send the User a Notice of Definitive Unavailability of the Products. Upon receipt of such communication, the User, within the following 12 hours, shall have the right to reply to confirm the shipment of the available Products only or cancel it completely. If no reply is received within this period, the order shall be considered confirmed and the available Products shall be dispatched. In any case, the amount relating to the missing Products will be refunded to the User, using the same method of payment chosen by the same, within 30 days after the order has been rectified.

3.         Any and all liability of the Seller towards the User or third parties for this eventuality is hereby excluded.

10.       Prices, terms of payment and invoicing

1.         The sale prices of the Products indicated on the Site are expressed in euros (€) and are already inclusive of taxes and duties, as well as of any additional or ancillary costs, such as, but not limited to, shipping costs.

2.         In the event of a computer, manual, technical or any other kind of error that may lead to a substantial change, not foreseen by the Seller, in the sale price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the Seller will inform the User by email and refund the corresponding amount within 10 days of the cancellation.

3.         Without prejudice to the foregoing in relation to reimbursement, any further liability of the Seller towards the User or third parties for this eventuality is hereby excluded.

4.         Method of payment:

Credit/Debit Cards. Payment for the Products can be made by credit and/or debit cards accepted by the Seller and indicated on the Site and/or in the Product Sheet and/or in another section of the Site and, in any case, when placing the order. The Seller reserves the right to ask the User for a valid identity document to prevent fraud and/or to guarantee the security of payments on the Site. In this case, if the User does not proceed to send the document within the term specified in the relative request, the Contract shall be understood to be terminated by law, according to the conditions provided for by Article 1456 of the Italian Civil Code, and the order shall consequently be considered cancelled.

Bank transfer. Payment for the Products purchased on the Site can be made by bank transfer to the coordinates indicated in the specific area of the Site or in the individual Product Sheet or, in any case, when filling in and forwarding the order. It is understood that the delivery of the Products is subject to the effective receipt of the payments by the Seller.

Third-party payment processors. Payment for the Products purchased on the Website may be made through third party payment processors (such as, purely by way of example, Paypal, Stripe, etc.), which will be analytically indicated when the payment order is formalised. In such cases, the User will be redirected to the site and/or application of the third-party payment provider where he/she will make the payment in accordance with the procedures set out therein and on the basis of the contractual conditions laid down by said provider.

Further modalities indicated on the Site. In any case, payment for the products purchased on the Site can be made through the additional methods indicated by the Seller and advertised on the Site, in the appropriate reserved areas or when filling in and sending the order and, in any case, before the final sending of the order.

1.         The User is hereby made aware and acknowledges that, for the purpose of payment processing, the Data relating to payment transactions shall not pass through the servers used by the Seller, and shall only be processed by third parties possessing appropriate quality certifications.

2.         Invoicing methods:

o The User may request the Seller to issue an invoice for the amounts paid, by checking the appropriate box during the order procedure or by the different methods indicated on the Site, communicating the invoicing data including tax code and/or VAT number. The User is solely responsible for correctly entering and/or communicating the invoicing data.

o The Seller shall send the invoice to the User by e-mail.

1.         Methods of delivery

1.         The Seller undertakes to deliver the Products purchased, by express courier, to the address indicated by the User in the order form, within and no later than 7 days from the date of receipt by the User of the Order Confirmation Communication or, if later, from the date of receipt of payment by the Seller.

2.         The User is expressly informed that delays may occur for one or more reasons not attributable to the Seller, such as, purely by way of example and, therefore, without any claim to completeness: A) possible customisation of the Products; B) delivery area; C) unforeseeable circumstances and/or force majeure.

3.         If, for any reason whatsoever, the Seller is unable to fulfil delivery within the aforementioned terms, the same shall contact the User and ask him whether he prefers to continue with the purchase, setting a new delivery date or withdraw from the Contract.

4.         Pursuant to these Conditions, delivery is deemed to have taken place when a signature has been signed for collection at the shipping address indicated by the User in the order form.

5.         In the event that the person in charge of the delivery fails to find anyone at the aforementioned address twice, the Seller shall inform the User, who shall contact the Seller to arrange another delivery date or to withdraw from the Contract.

6.         The User is expressly informed and acknowledges that deliveries of the Products may be made in all the countries indicated by the Seller in the individual Product Sheets and, in any case, before the final dispatch of the order.

7.         The User-Consumer is expressly informed that, in any case of delivery not being made within the terms indicated by the Seller, pursuant to article 61, paragraph 3 of the Consumer Code, before being able to terminate the Contract, he must ask the Seller to make delivery within an additional term appropriate to the circumstances. Pursuant to Art. 61 para. 4, the Consumer User shall not be burdened with the obligation to request delivery within the aforementioned additional period when: A) the Seller has expressly refused to deliver the Products; B) if the delivery term, having regard to the circumstances surrounding the conclusion of the Contract, was to be considered essential; C) if the User Consumer has informed the Seller in advance, by means of a communication sent to the addresses referred to in Article 1, that the delivery term was to be considered essential.

2.         Right of Withdrawal

1.         The User who qualifies as a Consumer (also referred to as "Consumer User") has the right to withdraw from the Contract, without any penalty and without specifying the reason, within a period of 14 days from the date of receipt of the Products.

2.         In the case of multiple purchases made by the Consumer User in a single order and delivered separately, the 14-day period starts from the date of receipt of the last Product.

3.         The User Consumer who intends to exercise the right of withdrawal must notify the Seller by means of an explicit declaration, which may be sent by registered letter with return receipt or by e-mail to the address subsequently communicated to the User Consumer by the Seller.

4.         The following is the standard withdrawal form, pursuant to Annex I, Part B, Legislative Decree 206/2005 (Consumer Code), as amended by Legislative Decree 21/2014 (not mandatory):

Model withdrawal form pursuant to Article 49, paragraph 1, letter h) Legislative Decree 206/2005 (Consumer Code)

(complete and return this form only if you wish to withdraw from the contract)

Seller's data: OfficineMarketing, in the person of its legal representative pro tempore.

I/We (*) hereby notify (*) my/our (*) withdrawal from my/our (*) contract of sale of the following goods/services (*) - Ordered on (*)/received on (*) - Name of consumer(s) - Address of consumer(s) - Signature of consumer(s) (only if this form is sent in paper version) - Date

(*) Delete as appropriate.

1.         Pursuant to Article 57 of the Legislative Decree 206/2005 (Consumer Code), in the event of exercising the right of withdrawal, the Consumer User shall return the goods within 14 days from the day on which he/she informed the Seller of his/her wish to withdraw from the Contract.

2.         The goods must be returned to the Seller at the address indicated in Article 1 above.

3.         In any case, any and all costs relating to the return of the Products shall be borne by the Consumer-User.

4.         The Products must be returned undamaged, in their original packaging, complete in all their parts (including packaging, labels and any documentation and accessory equipment: e.g. manuals, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the Seller shall refund the amount of the Products subject to withdrawal, including any shipping costs, within a maximum period of 14 days from receiving the notice of withdrawal from the Consumer User.

5.         The right of withdrawal applies to the Product purchased in its entirety; therefore, if the Product is made up of more than one component or part, it is not possible to exercise the right of withdrawal only on part of the Product purchased, unless a different agreement is subsequently reached between the Seller and the Consumer User.

6.         As provided for by Article 56 paragraph 3 of Legislative Decree 206/2005 (Consumer Code), amended by Legislative Decree 21/2014, the Seller may suspend the refund until the receipt of the Product(s) or until the User Consumer demonstrates that he has sent the Product(s) back to the Seller.

7.         The Seller will make the refund using the same means of payment chosen by the User Consumer at the time of purchase. The Seller may use a different means of payment only on condition that the User Consumer consents to this change.

8.         If the modalities, conditions and terms for exercising the right of withdrawal, as specified in this article, are not respected, the User Consumer shall not be entitled to a refund of the sums already paid. In this case, the User Consumer may re-obtain, at his own expense, the Products in the state in which they were returned to the Seller. Otherwise, the Seller may keep the returned Products, in addition to all the sums already paid by the User Consumer for the relevant purchase.

9.         Pursuant to Article 59 of Legislative Decree 206/2005 (Consumer Code), the right of withdrawal for distance contracts is excluded in respect of Products consisting of the supply of digital content by means of a non-material medium if performance has begun with the express agreement of the User Consumer and with his acceptance that he would then lose his right of withdrawal.

10.       The right of withdrawal is expressly excluded with respect to Contracts concluded between the Seller and the User who qualifies as a Professional (also referred to as "Professional User").

1.         Guarantees

1.         For each Product purchased by a Professional User, the latter shall benefit from the warranty for defects of the thing sold pursuant to Article 1490 et seq. of the Italian Civil Code; the action of the Professional User aimed at enforcing the warranty for defects is time-barred after 1 year from the delivery of the purchased Product and the relevant defects must be reported within the terms set out in Article 1495 of the Italian Civil Code.

2.         For each Product purchased by a Consumer User, the latter shall benefit free of charge from the legal guarantee of conformity provided for in Articles 128 et seq. of Legislative Decree 206/2005 (Consumer Code). The Legal Warranty borne by the Seller shall apply to conformity defects that occur within 24 months from the date of delivery of the Product and that are reported by the Consumer within 2 months from the date of discovery of the defects, in accordance with Article 132 of the Consumer Code. In the event of a conformity defect, the Consumer User has the right to the restoration, free of charge, of the conformity of the Product by means of repair or replacement, or to an appropriate price reduction or to the termination of the Contract. The Consumer User shall, in any case, remain the holder of the rights deriving from the Legal Warranty described above, regardless of the subscription of other guarantees of a conventional type, free of charge or against payment.

3.         It is in any case understood that the User, whether Consumer or Professional, shall not be entitled to any type of guarantee in relation to any Product or any component identified as defective if, unless otherwise provided for and in accordance with applicable law

1. the Products have been repaired or altered by persons other than the manufacturer and/or the Seller or any other authorised person; and/or

2. the lack of conformity of the Product(s) has become apparent after the period of 2 (two) years from the delivery of the Product(s) and/or the relevant request for repair or replacement of the defective Product(s) has been sent after 2 (two) months from the discovery of the defect for the Consumer User; the Professional User has not complied with the terms of prescription and forfeiture provided for by Article 1495 of the Italian Civil Code; and/or

3. the defects are due (in whole or in part) to misuse, improper use or storage or maintenance or any installation carried out by persons other than the manufacturer, the Seller or any other authorised person - i.e. without observing the instructions provided with the Products delivered; and/or

4. at the time the Contract was concluded, the User was aware of the defect and could not have been unaware of it with ordinary diligence; and/or

5. the lack of conformity arises from instructions or materials provided by the User.

 

1.         The User is expressly informed and acknowledges that any and/or all further warranties on the part of the Seller (such as, but not limited to, commercial warranties, etc.) are excluded.

1.         Limitations and exclusions of liability

1.         To the fullest extent permitted by current legislation, any and all liability of the Seller connected with or in any way deriving from a Contract entered into with the User and/or the use of the Services and/or functionalities made available to the User through the Site is excluded.

2.         Consequently, to the maximum extent permitted by current legislation, any and all rights to compensation, reimbursement or damages, whether direct or indirect, pecuniary or non-pecuniary, potential, current or future, to persons and/or things, connected with or in any way deriving from a Contract stipulated with the User and/or from the use of the Services and/or functionalities made available to the User through the Site are excluded.

3.         In any event - and without prejudice to the foregoing - the Seller's liability, if any, for any Products purchased on the Site shall be limited exclusively to the purchase price of the Product in question.

4.         Without prejudice to the foregoing, the Seller's liability shall not be excluded or limited in the following cases: (i) in the event of death or personal injury resulting from the Seller's negligence; (ii) in the event of fraud or fraudulent activity on the part of the Seller; (iii) in any circumstances where it would be illegal or unlawful for the Seller to exclude, limit or seek to limit or exclude its liability.

5.         On the other hand, the Seller's liability is immediately and irrevocably excluded in cases where the non-observance or delay in observance of the obligations deriving directly or indirectly from these Conditions is attributable to a fortuitous event, force majeure or any other cause beyond the Seller's control. It is therefore understood that the obligations of compliance arising directly or indirectly from these Conditions shall remain suspended for the duration of the period during which the aforementioned causes exist.

2.         Suspension of Services and Site Functionality

1.         The Seller, also pursuant to Article 1460 of the Italian Civil Code, reserves the right to suspend, in whole or in part, with the exclusion of any reimbursement, indemnity, compensation, of any kind and nature, the User's access to the Services and functionalities made available through the Site in the following cases: a) modifications, interventions and/or extraordinary maintenance to the Site and, in particular, to its Services and functionalities, carried out by the Seller; b) disputes and/or requests of any kind coming from the competent authorities, in compliance with the current provisions of Legislative Decree 70/2003, for the purposes of the Legislative Decree 70/2003, for "hosting" activities; c) disputes and/or breaches by the User of the obligations arising from these Conditions.

3.         Intellectual property

1.         The User acknowledges the exclusive ownership by the Seller of any and all Rights and/or rights relating to the Programme.

2.         The User expressly undertakes not to reproduce, even partially, modify, distribute, decompile, dispose of in any way (whether free of charge or for a consideration) of the Programme, nor to distribute, disseminate or create content based, in whole or in part, on the Programme, without the written authorisation of the Seller.

3.         The Vendor, for the sole purpose of the User's access and use of the Services and functionalities made available through the Site, grants the User a non-exclusive, personal and non-transferable licence to use the Program, it being understood in any case that the User may not - under penalty of damages - copy, modify, create derivative works or in any way decompile the Program in order to obtain the source code, sell, assign, sub-licence, confer or transfer to third parties any Right and/or rights to the Program, nor allow third parties to do so.

4.         Notwithstanding the foregoing provisions regarding the Programme, you acknowledge and agree that any copyrights, trademarks and, more generally, any intellectual property rights and/or rights protected by copyright, relating to the materials and/or content on the Site are owned by the Seller and/or those who have granted the Seller appropriate licences to use them. The User may, therefore, use such material and/or content only with the express authorisation of the legitimate owners and within the limits of the same.

5.         In relation to the Digital Products, the Seller declares to be the legitimate owner of the relative rights of economic use and, in exchange for the purchase made by the User, grants the latter a non-exclusive, personal and non-transferable licence to use the aforementioned Digital Products, for the sole purpose of using the same, according to the characteristics, limits and/or functions better described in the relative Product Sheets.

4.         Indemnity

1.         The User - without prejudice to the right of the Seller to claim compensation for any damage caused to him - declares and guarantees to indemnify and hold harmless the Seller, as well as its affiliated or controlled entities, its representatives, employees and any of its partners from any and all harassment, disturbance, claims or legal actions, initiated or threatened, by third parties arising from the non-fulfilment of the contractual obligations provided for in these Conditions and, in particular, those arising from Articles 3 and 16.

5.         Privacy

1.         The Personal Data transmitted by one Party to the other in compliance with these Conditions shall be used by the receiving Party, in compliance with the laws in force, for purposes strictly connected and instrumental to this contractual relationship. Each Party agrees and warrants that such Data may be processed and stored in accordance with the aforementioned purposes.

2.         For further information on the processing of Personal Data, the User is invited to carefully read the Privacy Policy available on the Site.

6.         Various

1.         These General Conditions contain in their entirety the agreements between the Parties and cancel and replace any previous agreement on the same subject. Any agreement added to or deviating from what is contained herein must be formulated in writing by the Parties and signed by them.

2.         Any nullity, invalidity or ineffectiveness, according to the Italian legal system, of any of the provisions contained in these Conditions shall not render null and void or compromise the validity or effectiveness of the remaining provisions with respect to each of the Parties.

3.         Any failure on the part of the Seller to exercise the rights and faculties deriving from these Conditions shall in no way constitute a waiver thereof, and shall be deemed an act of mere forbearance.

4.         These Conditions do not establish any corporate or associative relationship between the Parties and do not imply any representation relationship between them, whereby neither Party shall have the right to act in the name and on behalf of the other Party.

5.         Unless otherwise provided for, any communication between the Parties regarding these Conditions shall be made in writing and shall be deemed effectively and validly executed if received by the other Party at the addresses indicated in Article 1 or at any different addresses that each Party shall be obliged to communicate in advance to the other in the event of modification.

7.         Applicable Law and Jurisdiction

1.         These Conditions shall be governed by Italian law.

2.         In particular, any purchase of Products made by a User that qualifies as a Consumer, shall be governed not only by these Conditions, but also by the provisions of Legislative Decree no. 206/2005 (so-called Consumer Code) and of Legislative Decree no. 70/2003, as applicable.

3.         Any purchase of Products made by a User who qualifies as a Professional shall, on the other hand, be governed exclusively by these Terms and Conditions, as well as by the provisions of the Civil Code, to the extent not provided for herein.

4.         For any dispute relating to the validity, effectiveness, interpretation or execution of these Conditions and, in particular, deriving from or connected with each purchase order, as well as relating to navigation on the Site by the User or to the use of any Service and/or functionality made available to the User through the Site, the Court of Rome shall have exclusive jurisdiction, with the exception of the mandatory jurisdiction of the place of residence or domicile of the User who qualifies as a Consumer, pursuant to the Consumer Code.

5.         For the same disputes indicated above, it is also possible to optionally resort to the mediation procedures pursuant to Legislative Decree 28/2010.

6.         Pursuant to and for the purposes of Article 14 of EU Regulation No. 524/2013, we provide the link for access to the EU ODR (Online Dispute Resolution) platform https://webgate.ec.europa.eu/odr/main/?event=main.home.show.

Data: dataCondizioni