Terms and conditions
These Terms govern
The User is requested to read this document carefully.
The person responsible for this site is:
"Con La Voce Di" by Urbani Fabrizio
Via Igino Garbini, 42
01100 Viterbo (VT), Italy
VAT number IT02318670565
Owner's email address: [email protected]
Information on this website
Con La Voce Di offers services and products related to entertainment and parody whose object is the vocal imitation of famous characters. The digital contents are produced by Con La Voce Di, a leader in the audio production of personalized dedications, voiceovers and other digital products or services related to parody and satire, also through vocal imitations of well-known personalities. Con La Voce Di productions are original and audio tracks are recorded by our vocal talents.
To know at a glance
CONDITIONS OF USE
Unless otherwise specified, the conditions of use of this Website set out in this section have general validity.
Further conditions of use or access applicable in particular situations are expressly indicated in this document.
By using this Website, the User declares to meet the following requirements:
To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
It is the responsibility of the Users to keep their access credentials in a secure way and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for any activity carried out with his access credentials. Users are required to inform the Owner immediately and unequivocally using the contact details indicated in this document if they believe that their personal information, such as for example the User account, access credentials or personal data, have been violated, unlawfully disclosed or subtracted.
Registration requirements
The registration of a User account on this Website is subject to the conditions specified below. By registering for an account, the User confirms that they meet these conditions.
The User is free to close his account and cease using the Service at any time, following this procedure:
The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or indemnity.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate the applicable legislation or the rights of third parties. However, this result is not always possible.
In such cases, without any prejudice to legally exercisable rights and claims, Users are requested to address the relative complaints to the addresses specified in this document.
Rights on the contents of this Website
The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/assigning to third parties or creating works derived from the content available on this Website, to allow third parties to undertake such activities through your User account or device, even without your knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain contents available on this Website exclusively for personal and non-commercial purposes and on condition that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller.
The limitations and exclusions provided for by copyright legislation remain unchanged.
Access to external resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
Permitted use
This Website and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law.
It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate any law, regulation or third party rights.
The contents of this Website and/or the Service are for the exclusive personal use of the User, therefore their transmission, publication, sharing and dissemination to third parties is prohibited.
Therefore, the Owner reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to this Website or to the Service, terminate contracts, denounce any reprehensible activity carried out through this Website Web or the Service to the competent authorities – p. eg. the judicial or administrative authority – whenever there is a suspicion that the User violates the law, regulations, third party rights and/or the Terms, in particular, but without exclusions, by implementing one of the following activities: Rules of
conduct
Commercial Use Prohibitions
Commercial use regulation
Software license
Any intellectual or industrial property right, as well as any other exclusive right existing on the software or technology integrated in or relating to this Website is held by the Owner and/or its licensor.
Provided that the User complies with these Terms and notwithstanding any divergent provisions contained therein, the Owner grants Users a revocable, non-exclusive, non-sublicensable, non-sublicensable license to use the software and/or technology integrated into the Service within the framework and for the purposes of this Website and the Service offered.
The license does not include any right to access, use, or disclosure of the original source code to You. The techniques, algorithms and procedures contained in the software and the related documentation are the exclusive property of the Owner or its licensor.
The granting of rights and licenses to the User ceases immediately upon termination or expiration of the Agreement.
Notwithstanding the foregoing, under this license the User may download, install, use and operate the software on a single device, provided that such device is updated to the latest technologies and market standards.
The Owner reserves the right to release updates, corrections or further developments of this Website and/or the related software and to make them available to the User free of charge. Users may be required to download and install such updates in order to continue using this Website and/or related software.
New versions may be available for a fee.
Users may download, install and use the software on one device only.
TERMS AND CONDITIONS OF SALE Paid
Products
The Products offered on this Website as part of the service are subject to payment.
The rates, duration and conditions applicable to the sale of these Products are described below and in the respective sections of this Website.
To purchase the Products, the User can register or log in to this Website.
Product description
Prices, descriptions and availability of the Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented as accurately as technically possible, the representation on this Website by any means (including, as the case may be, graphics, images, colors, sounds) is intended for reference only and not implies no guarantee regarding the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchasing procedure
Each phase from product selection to placing the order is part of the purchase procedure.
The purchase procedure includes the following steps:
Placing your order involves the following:
Prices
During the purchase procedure and before forwarding the order, Users are duly informed of all the costs that will be charged to them.
Prices on this Website:
The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the Central European Time Zone, GMT +2.
Coupons
Promotions and discounts can be offered in the form of Coupons.
In the event of violation of the conditions applicable to the Vouchers, the Holder may legitimately refuse to fulfill his contractual obligations and expressly reserves the right to take appropriate legal action in order to protect his rights and interests.
Any additional or deviating provisions applicable to the use of the Vouchers contained on the relevant information page or on the Voucher itself prevail in all cases, regardless of the provisions below.
Unless otherwise specified, the following rules apply to the use of Vouchers:
The details relating to the means of payment accepted are highlighted during the purchase procedure.
Some means of payment are linked to additional conditions or involve additional costs. Detailed information is given in the relevant section of this Website.
All payments are managed independently by third-party services. Therefore, this Website does not collect payment data - such as credit card numbers - but receives a notification once the payment has been successful.
In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or commissions deriving from the failed or refused payment are charged to the User.
Retention of title
Until the Owner receives full payment of the purchase price, the User does not acquire ownership of the Products ordered.
Reservation of rights of use
Until payment of the full purchase price is received by the Owner, the User does not acquire the rights to use the Products ordered.
Contractual right of withdrawal
The Owner grants Users the contractual right to withdraw from the purchase contract according to the terms and conditions set out in the relevant section of this Website within 14 days of the conclusion of the contract. For digital products, if the user downloads them, he agrees to lose the aforementioned right of withdrawal.
Delivery
Deliveries are made to the email address or WhatsApp number indicated by the User and in the manner indicated in the order summary.
Delivery times are indicated on this Website, in the product descriptions, or during the purchase procedure.
Delivery of digital content
Unless otherwise specified, the digital content purchased on this Website is delivered via email or WhatsApp number to the device chosen by the User.
Users acknowledge and accept that, in order to download and/or use the Product, the selected device or devices and the respective software (including operating systems) must be legal, commonly used, updated and in line with current market standards .
Users acknowledge and accept that the possibility of downloading the purchased Product may be limited in time and space.
Specifically, the installation links of the navigator voices (Waze) contained within the purchased files have a limited duration.
It is understood that once installed, the voice remains active and functional on your Waze account, even after the installation link expires.
With the purchase of an item for the Waze navigator, the Owner grants the User the installation license for a single Waze account.
Provision of services
The purchased service will be performed or made available within the times indicated on this Website or according to the methods communicated before forwarding the order.
Duration of the contract
Subscriptions
Thanks to the subscription, the User receives a Product on an ongoing or periodic basis for a certain period of time.
Paid subscriptions start on the day the Account Holder receives payment.
To keep the subscription active, the User must pay the requested periodic fee promptly. Otherwise, the service may be interrupted.
Fixed-term subscriptions
Fixed-term paid subscriptions start from the day on which the Account Holder receives the payment and remain active for the duration of the subscription chosen by the User or otherwise indicated during the purchase procedure.
Once the duration of the subscription has ended, the Product will no longer be accessible, unless the User renews the subscription by paying the relative price.
Fixed-term subscriptions cannot be canceled early and terminate upon expiry of the subscription period.
User rights
Right of withdrawal
Unless an exception applies, as in the case of digital products, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. For digital products, the user agrees to lose the right of withdrawal if they are downloaded completely. The User can find further information on the right of withdrawal in this section.
Who enjoys the right of withdrawal
Unless one of the exceptions listed above or below applies, Users who act as European Consumers enjoy the right by law to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercise of the right of withdrawal
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.
To this end, the User can use the standard withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.
For digital products, the user agrees to lose the right of withdrawal if they are downloaded completely.
When does the withdrawal period expire?
The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.
The refund takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment used for the initial transaction. The User does not have to bear any costs as a result of the withdrawal.
… on contracts for the purchase of tangible goods
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by him to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is met if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.
The User is responsible for the decrease in the value of the goods deriving from a use of the goods other than that necessary to establish their nature, characteristics and functioning.
The return shipping costs are charged to the User .
Exceptions to the right of withdrawal
There is no right of withdrawal from contracts:
Without prejudice to the legal right of withdrawal and any other legal right, including warranty rights, the Owner grants Users an additional contractual right to withdraw from the contract within 30 days. Therefore, the User can withdraw from the contract even after the statutory withdrawal period has expired.
The contractual extension of the right of withdrawal is subject to the same conditions as for the statutory right of withdrawal, including the provisions for determining the start and end of the withdrawal period.
Legal guarantee of Product conformity
According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality or characteristics for at least one month from the time of delivery to the buyer.
Articles of the "Voce navigator (Waze)" type are created for an external service (Waze app) and therefore Con La Voce Di is not responsible for any malfunctions, service interruptions or cancellations by Waze and not attributable to Con La Voce From. Our commitment remains to provide maximum support for as long as Waze allows its use.
If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the articles available on this Website in accordance with the laws of the country in which they usually reside.
The national laws of that country may grant such Users broader rights.
In particular, Consumers residing in France can exercise their rights under the guarantee of conformity within two years of delivery of the goods without having to produce proof of the defect or lack of conformity. The period of time for which the Consumer is exempt from producing proof is reduced to six months in the case of used goods.
By exercising the right of guarantee, the Consumer can choose between requesting the replacement or repair of the defective good under the conditions specified in the French Consumer Code.
This legal guarantee of conformity is applicable regardless of any further commercial guarantee granted by the Owner.
The Consumer can also exercise the guarantee right for hidden defects in accordance with the relevant provisions of the French Civil Code, choosing between the withdrawal from the purchase and the reduction of the price.
Consumers who are not acting as European Consumers may have rights to a guarantee of conformity under the legislation of the country in which they habitually reside.
Limitation of Liability and Indemnification
European Users
Indemnification
The User undertakes to indemnify and hold the Owner and his subordinates, affiliates, officers, agents, co-brand owners, partners and employees harmless from any claim or demand - including, without limitation, legal fees and expenses - made by third parties to due to or in connection with any wrongful conduct such as your use of or connection to the Service, your violation of these Terms, your violation of third party rights or laws by you, your affiliates, officers, agents, co-owners, brand, partners and employees, to the extent of the law.
Limitation of Liability for User Activities on this Website
Unless otherwise specified and without prejudice to the applicable legal provisions on liability for product damage, any claim for damages against the Data Controller (or any natural or legal person acting on its behalf) is excluded.
The foregoing does not limit the Owner's liability for death, damage to the person or to physical or mental integrity, damage deriving from the violation of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and / or damage caused by willful misconduct or gross negligence, provided that the use of this Website by the User has been appropriate and correct.
Unless the damages were caused with willful misconduct or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
In particular, within the limits set out above, the Data Controller assumes no responsibility for:
In the event of the Owner's liability, the compensation due cannot exceed the total amount of payments that have been, will be or could be contractually due to the Owner by the User for a period of 12 months or for the entire duration of the Agreement, whichever is shorter.
US Users
Warranty Disclaimer
The Owner provides this Website "as is" and subject to availability. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly excludes conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document
Notwithstanding the foregoing, Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available, uninterruptedly and securely, at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's own risk and the User is solely responsible for any damage to the computer system or mobile device or for loss of data resulting from such operation or from your use of the Service.
The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected by hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.
The Service may become inaccessible or malfunction with your browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.
Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may have additional rights which vary from state to state. The limitations and exclusions set forth in this Agreement apply to the extent permitted by law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for
Indemnity
The User undertakes to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brands, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt and expense, including, without limitation, attorneys' fees and expenses arising out of
No implied waiver Failure by
the Owner to exercise legal rights or claims arising from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or to any other right.
Interruption of the Service
To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving appropriate notice to the Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law.
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (eg strikes, infrastructure malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the Owner's prior written consent, expressed directly or through a legitimate reseller program.
Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Website.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as for example copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or by its licensors and are protected under international legislation and treaties applicable to intellectual property.
All trademarks - verbal or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to international laws and treaties applicable to intellectual property.
Changes to the Terms
The Owner reserves the right to change the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Your continued use of the Service constitutes your acceptance of the updated Terms. If the User does not want to accept the changes, he must stop using the Service. Failure to accept the updated Terms may result in either party being entitled to withdraw from the Agreement.
The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Owner.
If required by applicable law, the Owner will specify the date by which the changes to the Terms will take effect.
Assignment of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
Safeguard clause
Should any of the provisions of these Terms be or become null or ineffective pursuant to the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.
European Users
Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to find a valid and effective replacement provision for the void, invalid or ineffective provision amicably.
In the event of non-agreement in the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not void the entire Agreement, unless the void, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.
US Users
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object.
These Terms will be enforced to the fullest extent permitted by law.
Applicable law
The Terms are governed by Italian law.
Exception for European Consumers
However, notwithstanding the foregoing, if you are acting as a European Consumer and have your habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
Jurisdiction
The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms belongs to the judge of the place where the Owner is established.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
US Users
Post-Contractual Effect
This Agreement is effective until terminated by this Web Site or the User. Following termination, provisions contained in these Terms will continue in effect and by their nature are intended to survive any termination or expiration of the Agreement, including, but not limited to the following:
Amicable settlement of disputes
Users can report any disputes to the Owner, who will try to resolve them amicably.
While Users' right to take legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are kindly requested to contact the Owner at the contact details indicated in this document.
The User can address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, details of the order, purchase or account concerned.
The Data Controller will process the request without undue delay and within 21 days of its receipt.
Consumer Dispute Resolution Platform
The European Commission has introduced an online alternative dispute resolution platform that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here .
Germany: Consumer dispute resolution procedure before an arbitration body
The Controller does not participate in alternative consumer dispute resolution procedures pursuant to the German Verbraucherstreitbeilegungsgesetz.
Definitions and legal references
This Website (or this Application)
The structure that allows the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Commercial User
Any User who does not meet the definition of Consumer.
Voucher
Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.
European (or Europe)
Defines a User physically present or having its registered office in the European Union, regardless of nationality.
Model withdrawal form
Addressed to:
[email protected]
I/we hereby notify the withdrawal from my/our sales contract of the following goods/services:
_____________________________________________ (insert here a description of the goods/services from which purchase you intend to withdraw)
Owner (or We)
Indicates the natural or legal person who provides this Website and/or offers the Service to Users.
Product
A good or service that can be purchased through this Website, such as for example tangible goods, digital files, software, booking services, etc.
The sale of a Product may be part of the Service, as defined above.
Service
The service offered through this Website as described in the Terms and on this Website.
Terms
All the conditions applicable to the use of this Website and/or to the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the respectively most updated version.
User (or You)
Indicates any natural person who uses this Website.
Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his business, trade, craft or professional.
Last modified: October 24, 2020
- your use of this Website e
- any other Agreement or legal relationship with the Owner
The User is requested to read this document carefully.
The person responsible for this site is:
"Con La Voce Di" by Urbani Fabrizio
Via Igino Garbini, 42
01100 Viterbo (VT), Italy
VAT number IT02318670565
Owner's email address: [email protected]
Information on this website
Con La Voce Di offers services and products related to entertainment and parody whose object is the vocal imitation of famous characters. The digital contents are produced by Con La Voce Di, a leader in the audio production of personalized dedications, voiceovers and other digital products or services related to parody and satire, also through vocal imitations of well-known personalities. Con La Voce Di productions are original and audio tracks are recorded by our vocal talents.
To know at a glance
- The right of withdrawal applies only to European Consumers.
- For digital products, the user agrees to lose the right of withdrawal if they are downloaded completely.
CONDITIONS OF USE
Unless otherwise specified, the conditions of use of this Website set out in this section have general validity.
Further conditions of use or access applicable in particular situations are expressly indicated in this document.
By using this Website, the User declares to meet the following requirements:
- There are no restrictions related to Users with respect to whether they are Consumers or Professional Users
.
To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
It is the responsibility of the Users to keep their access credentials in a secure way and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for any activity carried out with his access credentials. Users are required to inform the Owner immediately and unequivocally using the contact details indicated in this document if they believe that their personal information, such as for example the User account, access credentials or personal data, have been violated, unlawfully disclosed or subtracted.
Registration requirements
The registration of a User account on this Website is subject to the conditions specified below. By registering for an account, the User confirms that they meet these conditions.
- Opening accounts via bots or other automated means is not permitted.
- Unless otherwise specified, each User can only create one account.
- Except where expressly permitted, a User's account may not be shared with other people.
The User is free to close his account and cease using the Service at any time, following this procedure:
- By contacting the Data Controller at the contact details in this document.
The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or indemnity.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate the applicable legislation or the rights of third parties. However, this result is not always possible.
In such cases, without any prejudice to legally exercisable rights and claims, Users are requested to address the relative complaints to the addresses specified in this document.
Rights on the contents of this Website
The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/assigning to third parties or creating works derived from the content available on this Website, to allow third parties to undertake such activities through your User account or device, even without your knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain contents available on this Website exclusively for personal and non-commercial purposes and on condition that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller.
The limitations and exclusions provided for by copyright legislation remain unchanged.
Access to external resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
Permitted use
This Website and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law.
It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate any law, regulation or third party rights.
The contents of this Website and/or the Service are for the exclusive personal use of the User, therefore their transmission, publication, sharing and dissemination to third parties is prohibited.
Therefore, the Owner reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to this Website or to the Service, terminate contracts, denounce any reprehensible activity carried out through this Website Web or the Service to the competent authorities – p. eg. the judicial or administrative authority – whenever there is a suspicion that the User violates the law, regulations, third party rights and/or the Terms, in particular, but without exclusions, by implementing one of the following activities: Rules of
conduct
- pretend to meet any requirement to access this Website or use the Service, such as being a Consumer;
- hide your identity, use the identity of others or pretend to act on behalf of a third party, unless authorized by such third party;
- alter identifiers to hide or disguise the origin of your messages or posted content;
- defame, threaten, abuse, intimidate, threaten or violate the rights of others in any other way;
- engage in activities that may endanger your life or that of any other User or cause physical harm. Included in this category, but without any exclusion, are the threat of or instigation of suicide, the glorification of intentional physical trauma, the use of illegal drugs, the abuse of alcohol. The publication of content that promotes, glorifies or illustrates self-destructive or violent attitudes on this Website is not tolerated under any circumstances;
- test, scan or test the vulnerability of this Website, the services and networks connected to the site, violate the security or authentication procedures on this Website, the services and networks connected to this Website;
- install, embed, upload or otherwise embed any malware on or through this Website;
- use this Website or its technological infrastructure in an abusive, excessive or otherwise inappropriate manner (for example: for spam purposes);
- attempt to disrupt or tamper with the technological infrastructure in a way that causes damage or undue burden to this Website or the Service;
- disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
- post content that directly or indirectly promotes hatred, racism, discrimination, pornography or violence;
- disseminate or publish false content or content that may cause unjustified alarm;
- use this Website and/or Service to publish, disseminate or otherwise offer content protected by intellectual property law, including, but not limited to, patents, trademarks and copyright, without the authorization of the rights holder;
- use this Website to post, disseminate or otherwise offer content that violates the rights of third parties, including, but not limited to, military, commercial, professional or state secrets and personal data;
- post content or engage in any activity that disrupts, interrupts, damages, or otherwise violates the integrity of this Website or other Users' devices. These activities include: spamming, illicit dissemination of advertising, phishing, defrauding third parties, spreading malware or viruses, etc.;
Commercial Use Prohibitions
- open an account or use this Website / service to promote, sell or advertise any product or service of any kind in any way, including for free;
- pretend or imply in any way that you have a relationship with this Website, that you are endorsed by this Website, or that this Website endorses your or a third party's products or services for any purpose;
Commercial use regulation
- it is possible to use the contents created through the service, to promote, sell or advertise products or services of any kind in any way, even free of charge, only and exclusively upon request for a quote for a dedicated license, by completely filling out the form in the "COMMERCIAL USE" section ".
- The owner of the service reserves the right to accept or reject the request for a quote received, at its sole discretion, based on the information received and the nature of the product/service for which synchronization of our contents is requested.
- In the event of acceptance of the request and acceptance of the estimate, the customer undertakes to include the disclosure of the imitation/parody within the multimedia materials created by the latter which it intends to transmit, publish or disseminate on its channels, through specific wordings such as "IMITATED VOICE" or similar that do not alter the meaning.
- The purchase of the service for commercial/promotional use does not include any synchronization rights with the image or any works owned by the original artist, for which it is necessary to request authorization through a specific request. Therefore, the owner of the service prohibits the client from any type of publication, sharing, transmission of contents unduly synchronized with the image or intellectual property works of the artist or third parties, for which he has not received specific authorisation.
Software license
Any intellectual or industrial property right, as well as any other exclusive right existing on the software or technology integrated in or relating to this Website is held by the Owner and/or its licensor.
Provided that the User complies with these Terms and notwithstanding any divergent provisions contained therein, the Owner grants Users a revocable, non-exclusive, non-sublicensable, non-sublicensable license to use the software and/or technology integrated into the Service within the framework and for the purposes of this Website and the Service offered.
The license does not include any right to access, use, or disclosure of the original source code to You. The techniques, algorithms and procedures contained in the software and the related documentation are the exclusive property of the Owner or its licensor.
The granting of rights and licenses to the User ceases immediately upon termination or expiration of the Agreement.
Notwithstanding the foregoing, under this license the User may download, install, use and operate the software on a single device, provided that such device is updated to the latest technologies and market standards.
The Owner reserves the right to release updates, corrections or further developments of this Website and/or the related software and to make them available to the User free of charge. Users may be required to download and install such updates in order to continue using this Website and/or related software.
New versions may be available for a fee.
Users may download, install and use the software on one device only.
TERMS AND CONDITIONS OF SALE Paid
Products
The Products offered on this Website as part of the service are subject to payment.
The rates, duration and conditions applicable to the sale of these Products are described below and in the respective sections of this Website.
To purchase the Products, the User can register or log in to this Website.
Product description
Prices, descriptions and availability of the Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented as accurately as technically possible, the representation on this Website by any means (including, as the case may be, graphics, images, colors, sounds) is intended for reference only and not implies no guarantee regarding the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchasing procedure
Each phase from product selection to placing the order is part of the purchase procedure.
The purchase procedure includes the following steps:
- Users are requested to choose the desired Product and to verify their purchase choice.
- After checking the information visible in the purchase choice and adding any extra purchase options, Users can place the order by forwarding it.
Placing your order involves the following:
- The sending of the order by the user determines the conclusion of the contract and causes the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
- In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the User's obligation to collaborate with consequence.
- Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
Prices
During the purchase procedure and before forwarding the order, Users are duly informed of all the costs that will be charged to them.
Prices on this Website:
- include all applicable fees, taxes and costs.
The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the Central European Time Zone, GMT +2.
Coupons
Promotions and discounts can be offered in the form of Coupons.
In the event of violation of the conditions applicable to the Vouchers, the Holder may legitimately refuse to fulfill his contractual obligations and expressly reserves the right to take appropriate legal action in order to protect his rights and interests.
Any additional or deviating provisions applicable to the use of the Vouchers contained on the relevant information page or on the Voucher itself prevail in all cases, regardless of the provisions below.
Unless otherwise specified, the following rules apply to the use of Vouchers:
- Each Voucher is valid only when used in the manner and within the period of time specified on the website and/or on the Voucher;
- The Voucher can only be redeemed in full at the time of purchase – partial use is not permitted;
- Unless otherwise specified, single-use Vouchers can be redeemed only once per purchase and can therefore be redeemed only once even in the case of installment purchases;
- Vouchers are not cumulative;
- The Voucher must be used within the specified validity period. Once the deadline has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including reimbursement of the value of the Voucher, is excluded;
- The User has no right to any credit/refund/compensation in case there is a difference between the value of the Voucher and the redeemed value;
- The Voucher is intended for non-commercial use only. The reproduction, counterfeiting and marketing of the Voucher are strictly prohibited, as is any illegal activity connected with the purchase and/or use of the Voucher.
The details relating to the means of payment accepted are highlighted during the purchase procedure.
Some means of payment are linked to additional conditions or involve additional costs. Detailed information is given in the relevant section of this Website.
All payments are managed independently by third-party services. Therefore, this Website does not collect payment data - such as credit card numbers - but receives a notification once the payment has been successful.
In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or commissions deriving from the failed or refused payment are charged to the User.
Retention of title
Until the Owner receives full payment of the purchase price, the User does not acquire ownership of the Products ordered.
Reservation of rights of use
Until payment of the full purchase price is received by the Owner, the User does not acquire the rights to use the Products ordered.
Contractual right of withdrawal
The Owner grants Users the contractual right to withdraw from the purchase contract according to the terms and conditions set out in the relevant section of this Website within 14 days of the conclusion of the contract. For digital products, if the user downloads them, he agrees to lose the aforementioned right of withdrawal.
Delivery
Deliveries are made to the email address or WhatsApp number indicated by the User and in the manner indicated in the order summary.
Delivery times are indicated on this Website, in the product descriptions, or during the purchase procedure.
Delivery of digital content
Unless otherwise specified, the digital content purchased on this Website is delivered via email or WhatsApp number to the device chosen by the User.
Users acknowledge and accept that, in order to download and/or use the Product, the selected device or devices and the respective software (including operating systems) must be legal, commonly used, updated and in line with current market standards .
Users acknowledge and accept that the possibility of downloading the purchased Product may be limited in time and space.
Specifically, the installation links of the navigator voices (Waze) contained within the purchased files have a limited duration.
It is understood that once installed, the voice remains active and functional on your Waze account, even after the installation link expires.
With the purchase of an item for the Waze navigator, the Owner grants the User the installation license for a single Waze account.
Provision of services
The purchased service will be performed or made available within the times indicated on this Website or according to the methods communicated before forwarding the order.
Duration of the contract
Subscriptions
Thanks to the subscription, the User receives a Product on an ongoing or periodic basis for a certain period of time.
Paid subscriptions start on the day the Account Holder receives payment.
To keep the subscription active, the User must pay the requested periodic fee promptly. Otherwise, the service may be interrupted.
Fixed-term subscriptions
Fixed-term paid subscriptions start from the day on which the Account Holder receives the payment and remain active for the duration of the subscription chosen by the User or otherwise indicated during the purchase procedure.
Once the duration of the subscription has ended, the Product will no longer be accessible, unless the User renews the subscription by paying the relative price.
Fixed-term subscriptions cannot be canceled early and terminate upon expiry of the subscription period.
User rights
Right of withdrawal
Unless an exception applies, as in the case of digital products, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. For digital products, the user agrees to lose the right of withdrawal if they are downloaded completely. The User can find further information on the right of withdrawal in this section.
Who enjoys the right of withdrawal
Unless one of the exceptions listed above or below applies, Users who act as European Consumers enjoy the right by law to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercise of the right of withdrawal
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.
To this end, the User can use the standard withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.
For digital products, the user agrees to lose the right of withdrawal if they are downloaded completely.
When does the withdrawal period expire?
- In case of purchase of goods , the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by him and other than the courier - takes possession of the goods.
- In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good made up of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - from these appointed and other than the courier – takes possession of the last of the goods, lots or pieces.
- For digital products, the user agrees to lose the right of withdrawal if they are downloaded completely.
The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.
The refund takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment used for the initial transaction. The User does not have to bear any costs as a result of the withdrawal.
… on contracts for the purchase of tangible goods
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by him to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is met if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.
The User is responsible for the decrease in the value of the goods deriving from a use of the goods other than that necessary to establish their nature, characteristics and functioning.
The return shipping costs are charged to the User .
Exceptions to the right of withdrawal
There is no right of withdrawal from contracts:
- of supply of services after the service has been completely performed, when the execution has begun with the express consent of the User and with the acceptance of losing the right of withdrawal following the complete execution of the contract;
- supply of digital content on non-material support, when the execution has begun with the express consent of the User and with the acceptance of losing the right of withdrawal;
- the supply of made-to-measure or clearly personalized goods;
Without prejudice to the legal right of withdrawal and any other legal right, including warranty rights, the Owner grants Users an additional contractual right to withdraw from the contract within 30 days. Therefore, the User can withdraw from the contract even after the statutory withdrawal period has expired.
The contractual extension of the right of withdrawal is subject to the same conditions as for the statutory right of withdrawal, including the provisions for determining the start and end of the withdrawal period.
Legal guarantee of Product conformity
According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality or characteristics for at least one month from the time of delivery to the buyer.
Articles of the "Voce navigator (Waze)" type are created for an external service (Waze app) and therefore Con La Voce Di is not responsible for any malfunctions, service interruptions or cancellations by Waze and not attributable to Con La Voce From. Our commitment remains to provide maximum support for as long as Waze allows its use.
If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the articles available on this Website in accordance with the laws of the country in which they usually reside.
The national laws of that country may grant such Users broader rights.
In particular, Consumers residing in France can exercise their rights under the guarantee of conformity within two years of delivery of the goods without having to produce proof of the defect or lack of conformity. The period of time for which the Consumer is exempt from producing proof is reduced to six months in the case of used goods.
By exercising the right of guarantee, the Consumer can choose between requesting the replacement or repair of the defective good under the conditions specified in the French Consumer Code.
This legal guarantee of conformity is applicable regardless of any further commercial guarantee granted by the Owner.
The Consumer can also exercise the guarantee right for hidden defects in accordance with the relevant provisions of the French Civil Code, choosing between the withdrawal from the purchase and the reduction of the price.
Consumers who are not acting as European Consumers may have rights to a guarantee of conformity under the legislation of the country in which they habitually reside.
Limitation of Liability and Indemnification
European Users
Indemnification
The User undertakes to indemnify and hold the Owner and his subordinates, affiliates, officers, agents, co-brand owners, partners and employees harmless from any claim or demand - including, without limitation, legal fees and expenses - made by third parties to due to or in connection with any wrongful conduct such as your use of or connection to the Service, your violation of these Terms, your violation of third party rights or laws by you, your affiliates, officers, agents, co-owners, brand, partners and employees, to the extent of the law.
Limitation of Liability for User Activities on this Website
Unless otherwise specified and without prejudice to the applicable legal provisions on liability for product damage, any claim for damages against the Data Controller (or any natural or legal person acting on its behalf) is excluded.
The foregoing does not limit the Owner's liability for death, damage to the person or to physical or mental integrity, damage deriving from the violation of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and / or damage caused by willful misconduct or gross negligence, provided that the use of this Website by the User has been appropriate and correct.
Unless the damages were caused with willful misconduct or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
In particular, within the limits set out above, the Data Controller assumes no responsibility for:
- any lost earnings or other losses, even indirect, that the User may have suffered (such as, without limitation, business losses, loss of revenues, profits or anticipated savings, loss of contractual or commercial relationships, loss of goodwill or damages reputation, etc.);
- damages or losses deriving from interruptions or malfunctions of this Website due to force majeure or unforeseen and unpredictable events and, in any case, independent of the will and beyond the control of the Owner, such as, by way of example, failures or interruptions of telephone or electricity lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and computer attacks, interruptions in the supply of third party products, services or applications;
- any losses that are not a direct consequence of a breach of the Terms by the Owner;
In the event of the Owner's liability, the compensation due cannot exceed the total amount of payments that have been, will be or could be contractually due to the Owner by the User for a period of 12 months or for the entire duration of the Agreement, whichever is shorter.
US Users
Warranty Disclaimer
The Owner provides this Website "as is" and subject to availability. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly excludes conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document
Notwithstanding the foregoing, Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available, uninterruptedly and securely, at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's own risk and the User is solely responsible for any damage to the computer system or mobile device or for loss of data resulting from such operation or from your use of the Service.
The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected by hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.
The Service may become inaccessible or malfunction with your browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.
Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may have additional rights which vary from state to state. The limitations and exclusions set forth in this Agreement apply to the extent permitted by law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for
- any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; And
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or your User account or the information contained therein;
- any errors, omissions or inaccuracies in the contents;
- personal injury or property damage, of any nature, resulting from your access to or use of the Service;
- any unauthorized access to the Data Controller's security servers and/or any personal information stored therein
- any interruption or termination of transmissions to or from the Service;
- any bugs, viruses, trojan horses or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage suffered as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
- the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees be held liable for any claim, proceeding, liability, obligation, damage, loss or cost for an amount exceeding the one paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
Indemnity
The User undertakes to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brands, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt and expense, including, without limitation, attorneys' fees and expenses arising out of
- your use of or access to the Service, including any data or content you transmit or receive;
- your breach of these Terms, including, without limitation, any breach by you of any representations or warranties set forth in these Terms;
- your violation of any third party right, including, but not limited to, any right relating to privacy or intellectual property;
- your violation of any applicable law, rule or regulation
- any content sent from the User's account, including, but not limited to, misleading, false or inaccurate information and also including the case in which access is made by third parties with the User's personal username and password or other measures security, if any;
- the willful conduct of the User; or
- the violation of any legal provision by the User or its affiliates, officers, agents, co-brand owners, partners, suppliers and employees, to the extent permitted by applicable law
No implied waiver Failure by
the Owner to exercise legal rights or claims arising from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or to any other right.
Interruption of the Service
To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving appropriate notice to the Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law.
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (eg strikes, infrastructure malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the Owner's prior written consent, expressed directly or through a legitimate reseller program.
Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Website.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as for example copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or by its licensors and are protected under international legislation and treaties applicable to intellectual property.
All trademarks - verbal or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to international laws and treaties applicable to intellectual property.
Changes to the Terms
The Owner reserves the right to change the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Your continued use of the Service constitutes your acceptance of the updated Terms. If the User does not want to accept the changes, he must stop using the Service. Failure to accept the updated Terms may result in either party being entitled to withdraw from the Agreement.
The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Owner.
If required by applicable law, the Owner will specify the date by which the changes to the Terms will take effect.
Assignment of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
Safeguard clause
Should any of the provisions of these Terms be or become null or ineffective pursuant to the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.
European Users
Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to find a valid and effective replacement provision for the void, invalid or ineffective provision amicably.
In the event of non-agreement in the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not void the entire Agreement, unless the void, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.
US Users
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object.
These Terms will be enforced to the fullest extent permitted by law.
Applicable law
The Terms are governed by Italian law.
Exception for European Consumers
However, notwithstanding the foregoing, if you are acting as a European Consumer and have your habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
Jurisdiction
The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms belongs to the judge of the place where the Owner is established.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
US Users
Post-Contractual Effect
This Agreement is effective until terminated by this Web Site or the User. Following termination, provisions contained in these Terms will continue in effect and by their nature are intended to survive any termination or expiration of the Agreement, including, but not limited to the following:
- Your grant of licenses under these Terms continues indefinitely;
- the User's indemnity obligation lasts for a period of five years from the date of termination;
- the exclusions of liability and guarantees of and the agreements set out in the section relating to the indemnity and limitations of liability remain indefinitely.
Amicable settlement of disputes
Users can report any disputes to the Owner, who will try to resolve them amicably.
While Users' right to take legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are kindly requested to contact the Owner at the contact details indicated in this document.
The User can address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, details of the order, purchase or account concerned.
The Data Controller will process the request without undue delay and within 21 days of its receipt.
Consumer Dispute Resolution Platform
The European Commission has introduced an online alternative dispute resolution platform that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here .
Germany: Consumer dispute resolution procedure before an arbitration body
The Controller does not participate in alternative consumer dispute resolution procedures pursuant to the German Verbraucherstreitbeilegungsgesetz.
Definitions and legal references
This Website (or this Application)
The structure that allows the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Commercial User
Any User who does not meet the definition of Consumer.
Voucher
Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.
European (or Europe)
Defines a User physically present or having its registered office in the European Union, regardless of nationality.
Model withdrawal form
Addressed to:
[email protected]
I/we hereby notify the withdrawal from my/our sales contract of the following goods/services:
_____________________________________________ (insert here a description of the goods/services from which purchase you intend to withdraw)
- Ordered on: _____________________________________________ (insert date)
- Received on: _____________________________________________ (insert date)
- Name of consumer(s):_____________________________________________
- Address of the consumer(s):_____________________________________________
- Data: _____________________________________________
Owner (or We)
Indicates the natural or legal person who provides this Website and/or offers the Service to Users.
Product
A good or service that can be purchased through this Website, such as for example tangible goods, digital files, software, booking services, etc.
The sale of a Product may be part of the Service, as defined above.
Service
The service offered through this Website as described in the Terms and on this Website.
Terms
All the conditions applicable to the use of this Website and/or to the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the respectively most updated version.
User (or You)
Indicates any natural person who uses this Website.
Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his business, trade, craft or professional.
Last modified: October 24, 2020
