Paid products
Some of the Products offered on this Application as part of the service are paid.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Application.
Product Description
Prices, descriptions and availability of the Products are specified in the respective sections of this Application and are subject to change without notice.
Although the Products on this Application are presented with the greatest accuracy technically possible, the representation on this Application by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended as a reference only and does not imply any guarantee regarding the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Each phase, from choosing the product to placing the order, is part of the purchasing procedure.
The purchase procedure includes the following steps:
- Users are asked to choose the desired Product and verify their purchasing choice.
- After checking the information visible in the purchase choice, Users can place the order by submitting it.
Order confirmation
- Unless the receipt of the order expressly constitutes contextual acceptance of the order – in which case the contract is to be considered stipulated – the purchase contract is concluded when the User receives the communication of acceptance of the order.
- Based on availability and at the Owner’s discretion, the order will be accepted without undue delay.
- In the event that the order is not accepted, the Owner will provide a refund.
Failure to accept an order does not constitute any right for the User to make claims – not even compensation – against the Owner.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
Prices
During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Application:
- depending on the section that the User is consulting, they include all applicable fees, taxes and costs or are indicated net of applicable fees, taxes and costs.
Means of payment
The details relating to the accepted means of payment are highlighted during the purchase procedure.
Some payment methods are linked to additional conditions or involve additional costs. Detailed information is reported in the relevant section of this Application.
All payments are managed independently by third-party services. All payments are managed independently by third-party services. Therefore, this Application does not collect payment data – such as credit card numbers – but receives a notification once the payment is successful.
In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions resulting from failed or rejected payments are the responsibility of the User.
Payment in installments
The purchase price can be paid in two or more installments, within the terms specified on this Application or otherwise communicated by the Owner.
Certain Products may be excluded from this payment method.
In the event that the User is in default with respect to only one of the payment instalments, the entire amount due will be immediately due and payable.
Retention of title
Until payment of the full purchase price is received by the Owner, 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.
Delivery
Digital content delivery
Unless otherwise specified, digital content purchased on this Application is delivered via download to the device or devices chosen by the User.
Users acknowledge and accept that, to download and/or use the Product, the chosen 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.
User Rights
Right of withdrawal
Unless an exception applies, 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. The User can find further information on the right of withdrawal in this section.
Who enjoys the right of withdrawal
Where one of the exceptions listed below does not apply, Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the period of time 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. The User is, however, 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 withdrawal declaration before the withdrawal deadline expires.
When does the withdrawal deadline expire?
- In the case of contracts for the purchase of digital content not supplied on a material support, the withdrawal period expires 14 days from the day of conclusion of the contract, unless the User has waived the right of withdrawal.
Effects of withdrawal
The Owner refunds all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the increased 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 payment method used for the initial transaction. The User does not have to bear any costs as a consequence of the withdrawal.
Limitation of Liability and Indemnity US users
US users
Exclusion of warranty
The Owner provides this Application “as is” and as available. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, the Owner expressly disclaims 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, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein
Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees do not warrant that the content will be accurate, reliable, or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; 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 your use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such operation or your use of the Service.
The Owner does not guarantee, endorse, assure, or assume responsibility for any product or service advertised or offered by third parties through the Service nor any hyperlinked website or service. In addition, the Owner does not take part in or in any way monitor any transactions between Users and third-party providers of products or services.
The Service may become inaccessible or not function properly with the User’s browser, device and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, resulting from the content, operation, or use of the Service.
Federal laws, 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 special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent provided by law.
Limitation of responsibility
To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, 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, or inability to use, the Service; and
- any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
- Any error, lack or inaccuracy in the content;
- personal injury or property damage, of any kind, resulting from your access to or use of the Service;
- Any unauthorized access to the Owner’s security servers and/or any personal information stored therein
- Any interruption or cessation of transmissions to or from the Service;
- Any bugs, viruses, Trojans, 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 incurred 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 Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount greater than the amount paid by User to Owner during the preceding 12 months, or for the term of this Agreement between Owner and User, whichever is shorter.
This section on limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the Owner was advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.
Indemnify
User agrees to defend, indemnify, and hold harmless Holder and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts, and expenses, including, without limitation, legal fees and expenses arising from
- User’s use of or access to the Service, including any data or content transmitted or received by User;
- User’s breach of these Terms, including but not limited to any breach by User of any representation or warranty set forth in these Terms;
- infringement by the User of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
- Violation by the User of any applicable law, rule or regulation
- any content posted from the User’s account, including but not limited to misleading, false or inaccurate information and also including if accessed by a third party with the User’s personal username and password or other security measures, if any;
- The willful conduct of the User; or
- The violation of any legal provision by the User or its affiliates, officers, agents, brand co-owners, partners, suppliers and employees, to the extent permitted by applicable law
Common provisions
No implicit waiver
The Holder’s failure to exercise any statutory rights or claims arising under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to any specific right or any other claim.
Interruption of Service
To ensure the best possible level of service, the Owner reserves the right to discontinue the Service for maintenance purposes, system upgrades or any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information in accordance with the provisions of the law.
In addition, the Service may not be available due to causes beyond the Owner’s reasonable control, such as force majeure (e.g. strikes, infrastructure malfunctions, power outages etc.).
Resale of the Service
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, either expressed directly or through a legitimate resale program.
Copyright © Fucina del Drago.