ART. 1. DEFINITIONS
In the general terms and conditions and any attachments, the following terms shall have the following meanings:
online sales contract: the distance contract entered into between a Seller and a Buyer, who will be exclusively a Professionsite, through a sales system organized by the Seller, which uses distance communication technology called the Internet.
Seller: the company Quintegia S.p.A., based in Treviso, via S. Angelo, 116, part of this contract, which provides for the management of the Site, selling directly to users (Buyers) the products indicated in the following point;
Products: digital content, i.e., the data produced and provided in digital format;
Buyer: the user, natural or legal person, who enters into the Digital Content Purchase Agreement. The Buyer can only be a professional, that is, a person who makes the purchase for purposes referable to the business or professional activity carried out;
Parties: refers to the Seller and the Buyer jointly understood;
Site: refers to the website corresponding to the address shop.quintegia.it through which you can make online purchases;
Consideration: refers to the selling price of each product;
General Terms and Conditions: these contractual terms and conditions, which govern the Contract of Purchase and Sale of Digital Content and constitute the entire agreement entered into by the Parties.
ART. 2. OBJECT OF THE CONTRACT
2.1 These general conditions, which are made available to the Purchaser, by means of e-mail communication, for reproduction and preservation in accordance with art. 12, Legislative Decree 9 April 2003, n. 70, have as their object the purchase of Products, made at a distance and by means of telematic network, through the Website belonging to the Seller, based in Treviso, Via S. Angelo, 116, VAT no. 03933040267.
2.2 By this contract, respectively, the Seller sells and the Buyer purchases at a distance the Products consisting of digital content.
2.3 Such Digital Content that is the subject of this contract is that which is chosen by the Buyer and placed in the virtual shopping cart, following the online purchase procedures indicated on the site.
2.4 The Products referred to in the preceding paragraph are illustrated in the web pages at the shop.quintegia.it section of the Seller’s Site, whose trademark and logo related to the site are the exclusive property of the latter.
2.5 Seller agrees to supply all selected Products upon payment of a fee as set forth in Article 4 of this contract.
ART. 3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
3.1 These general terms and conditions are valid from the day of conclusion of this contract and may be updated, supplemented or amended at any time by the Seller, who shall give notice thereof through the pages of the Website and such updates/amendments and/or supplements shall be effective for future purchases.
3.2 All purchase orders will be submitted by the Buyer to the Seller, after registration on the site and typing of ID and PW, with access in a restricted area via secure protocol (https), and, then, through the completion of the indicated purchase procedure.
3.3 These general conditions must be examined “on line” by the Buyer, prior to the completion of the purchase procedure. The submission of the purchase order confirmation, therefore, implies full knowledge of them and their full acceptance.
3.4 The Buyer, by telematically sending the confirmation of his purchase order, declares that he is a Professional, also unconditionally accepts and undertakes to observe, in his dealings with the Seller the general and payment conditions set out below, declaring that he has read and accepts all the indications provided by him in accordance with the above rules, also noting that the Seller does not consider himself bound by different conditions unless previously agreed in writing.
3.5 Acceptance of the general conditions must be manifested by the exact completion of all sections of the electronic form, following the on-screen instructions and, finally, by checking and, therefore, accepting the boxes marked ACCEPTANCE OF CONTRACT CONDITIONS and PRIVACY POLICY.
ART. 4. SALE PRICES AND TERMS OF PAYMENT
4.1 Prices on the Site are in euros and include VAT and any other taxes.
4.2 For payment of the price of the Products, the Buyer may follow one of the methods indicated in the order proposal form. Under no circumstances will any costs be charged in excess of those actually incurred by the Seller, in relation to the payment instrument chosen.
4.3 In the case of payment by credit card, the financial information (e.g., the credit/debit card number or the date of its expiration) will be forwarded, via encrypted protocol, to the Reference Bank, which provides the relevant remote electronic payment services, without third parties being able, in any way, to access it.
ART. 5. INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT WITH THE SELLER IN ACCORDANCE WITH LEGISLATIVE DECREE NO. 70 OF APRIL 9, 2003.
5.1 In order to conclude the contract, the Buyer must electronically submit a proposed purchase order to the Seller by completing the form available on Quintegia’s website, following the relevant instructions. The provision of a valid and existing e-mail address is a necessary condition for the order proposal to be properly accepted.
5.2 Transmission of the order proposal to the Seller constitutes a binding purchase proposal for the user. The receipt of the order does not bind the Seller until the Seller has expressly accepted the order by e-mail. It should be noted that upon receipt of the Buyer’s order, the system will automatically send an e-mail summarizing the order received, which should not be construed as formal acceptance of the same. The Seller, with a subsequent e-mail, will formally confirm and accept the order received.
5.3 You will therefore be asked to identify and correct any data entry errors before proceeding with the transmission of the order proposal.
5.4 The Contract entered into through the Site shall be deemed concluded when the Buyer receives, by e-mail, formal confirmation of the order, with a communication following the automatic and summary e-mail of the order referred to in Article 5.1, through which the Seller accepts the order sent by the Buyer and informs him that it can proceed to the fulfillment of the same. The Contract is concluded at the place where the registered office of the Seller is located.
5.5 The language available to conclude the contract with the Seller is Italian.
ART. 6. MODE OF ACCESS TO DIGITAL CONTENT
Purchased Products consisting of VIDEOS will be accessible by the Buyer in streaming, by accessing his or her own restricted area; whereas, other digital content may be downloaded using any device that allows web browsing.
ART. 7. RESPONSIBILITY
7.1 Quintegia shall not be held liable for damages, of any kind, that the Buyer may suffer due to the fruition or lack of fruition of the Product that depend on delays, suspensions, interruptions of the Product, defects and/or malfunctions of the technological support used for fruition, total and/or partial, temporary and/or final, resulting from any cause not attributable to Quintegia.
7.2 Notwithstanding the foregoing, it is understood that, subject to the mandatory legal limits for cases of willful misconduct and gross negligence, Quintegia’s liability shall be limited at most to the consideration actually paid by Buyer for the purchase of the Product.
ART. 8. WARRANTIES
The warranties will be as required by Italian law.
ART. 9. BUYER'S OBLIGATIONS
9.1 The Buyer agrees and undertakes, once the purchase procedure is completed, to arrange for the printing and preservation of these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase.
9.2 It is strictly forbidden for the Buyer to enter false data, and / or invented, and / or fantasy, in the registration process through the electronic form; personal data and e-mail must be only their real data and not third parties, or fantasy. The Buyer assumes, therefore, full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the product purchase procedure.
9.3 It is expressly forbidden to make duplicate registrations corresponding to one person or to enter data of third persons. The Seller reserves the right to prosecute any violation and abuse.
9.4 Buyer indemnifies Seller from any liability arising from the issuance of erroneous tax documents due to errors relating to the data provided by Buyer, Buyer being solely responsible for its correct entry.
ART. 10 COMMUNICATIONS
10.1 Except for the cases expressly indicated-i.e. established by legal obligations-communications between the Seller and the Buyer shall take place preferably by means of e-mail messages to their respective electronic addresses, which shall be considered by both parties as valid means of communication and whose production in court may not be objected to merely because they are electronic documents.
10.2 Either party may at any time change its e-mail address for the purposes of this Article, provided it gives timely notice to the other party in accordance with the forms set forth in the preceding paragraph.
ART. 11 INTELLECTUAL PROPERTY AND COPYRIGHT
11.1 Quintegia owns or has the rightful possession of all intellectual property rights in the Products sold. Some Products are protected to prevent illegal copying by safeguarding copyright.
11.2 The Buyer is expressly prohibited from reproducing, even by excerpt, duplicating, copying, selling, leasing or otherwise exploiting the Product or its individual components for commercial purposes or even merely making it available to or sharing it with multiple parties or developing products or applications of any kind based on the Product.
ART. 12 PROCESSING OF PERSONAL DATA
12.1 The Buyer’s personal data will be recorded on electronic databases owned by Quintegia, the Data Controller, as well as will be stored on servers located in the territory of countries belonging to the European Union (EU) or outside the EU in compliance with the legislation on the protection of personal data.
12.2 The Buyer should consult the full privacy policy on shop.quintegia.co.uk in the privacy section.
ART. 13 JURISDICTION, VENUE AND APPLICABLE LAW
13.1 Any dispute relating to the application, execution, interpretation and breach of the purchase contracts entered into “online” through the Seller’s Website is subject to Italian jurisdiction.
13.2 In case of disputes, the Parties will attempt to find an amicable solution.
13.3 If the dispute is not settled amicably, it shall be under the exclusive jurisdiction of the Court of Treviso.
13.4 This contract is governed by Italian law and, specifically, by the Italian Civil Code.