These General Terms of Sale govern the account registration on www.shop.arredocad.com and the purchase of any product available on the website. These General Terms of Sale are binding for any of the registered user (You) and for Dinamica S.r.l., with registered office in Pesaro, Via degli Olmi, 16/4, 61122 Pesaro (PU), VAT No. IT 01353100412, registered and fully paid up capital of Euro 20.800,00.
- SCOPE OF APPLICATION OF THE GENERAL TERMS
1.1 These General Terms constitute the complete and exclusive statement of the agreement concluded between You and the Dinamica S.r.l. These General Terms govern the use of the website and the purchase of subscriptions (“Products”) offered by Dinamica S.r.l on the website.
1.2 By accepting these General Terms during the account registration or subscription process through the website or by accessing or using the Products of Dinamica S.r.l., You confirm your acceptance of these General Terms and your agreement to be a party of this binding contract. If You do not agree, You shall not have the right to access or use the Products of Dinamica S.r.l.
1.3 You shall not have the right to purchase Products on the Website if a) You have not the full capacity (for example you are of insufficient legal age), b) You are subject to right restrictions or You are a legally incapacitated person and therefore not entitled to purchase Products according to the law of the country in which You live or from which You purchase the Products.
1.4 When You act as a “professional” according to the Legislative Decree, 6 September 2005 no.206 , (Italian Consumer Code), that is when You carry out your own business, commercial, handicraft or professional activities or when You carry out such activities on behalf of a third party as the intermediary of a professional, you have to provide your VAT number during account registration and subscription process on the website. By providing your VAT number during account registration or subscription process on the website, You agree and accept that You are automatically considered as a “Professional” by Dinamica S.r.l pursuant to the Italian Consumer Code. If You don’t provide the VAT number, You are automatically considered as a “Consumer” according to the Italian Consumer Code, that is to say, as a natural person that acts for any purpose unconnected from business, commercial, handicraft or professional activities performed.
1.5 Any purchase of Products on the Website constitutes a separate sale contract concluded between You and the Dinamica S.r.l. and fully governed by these General Terms.
- MODIFICATIONS TO THE GENERAL TERMS
2.1 Dinamica S.r.l., at its sole discretion, reserves the right to modify these General Terms. The most recent version of these General Terms of sale will be published on the website. Any of the amended versions of these General Terms is valid and it produces effect from the date of publication on the website. It applies only to the subscription to Products on the website after the date of publication. If You don’t accept the amended version of the General Terms, You can terminate these General Terms and ask for the closure of your account on the website. In any case you shall not subscribe to other Products on the website. By continuing to access the website or subscribing to Products on the website, You accept expressively these General Terms, as published on the website.
CREATION OF AN ACCOUNT ON THE WEBSITE
3.1 Before ordering Products on the website, You have to create an account according to the proceeding set out by Dinamica S.r.l., or to authenticate with an already existing account on the website. During the creation of an account You agree to provide complete and correct information.
3.2 You have to provide all data requested filling out the registration form (for example: Name, Surname, Address, E-mail, Password you choose, Telephone number) and to click on the confirming button. The registration to the website is fully free, provided that (i) the Internet connection to access the website is at your charge according to costs, terms and conditions set out by your Internet provider and that (ii) by subscribing to a Product on the website, You have the obligation to pay the amounts owed after subscription.
3.3 The account registration is subject to your full and unconditional acceptance of these General Terms. By ticking the box to accept these General Terms and clicking on the confirming button, You accept these General Terms fully and unconditionally. The Italian language version of these General Terms will be the version used when interpreting and construing these Terms. These General Terms are available for downloading on the website in the PDF format. You shall save and preserve a copy of these General Terms.
3.4 During the account registration on the website, You have to provide your e-mail address and a password according to the criteria set out for the creation of the password available on the website. You ensure that you will keep your password confidential and that you are the only responsible for all actions carried out using your account. You have the obligation not to share your password with other persons and assume full responsibility for an unauthorized use of the password. You agree to immediately inform Dinamica S.r.l. with written notice about any unauthorized use of the account or about any violation of security. To the maximum extent permitted by applicable law, Dinamica S.r.l. denies any liability for losses or damages arising out of the fact that You didn't keep your password safe and protected or that You failed to inform immediately Dinamica S.r.l. about the loss or the stealing of the password. You will be liable for any loss or damage arising out of any unauthorized use of your account towards Dinamica S.r.l.
3.6 The creation of an account on the website allows You to (i) subscribe to our Products, (ii) to modify and to update your personal data in your personal area on the website, (iii) to check the status of your orders.
- PURCHASE OF PRODUCTS ON THE WEBSITE
4.1 The Products offered are described on the website. Special Terms of sale are available, if any, on the website. By confirming to purchase a product, You declare to have read and understood as well as to expressively accept the Special Terms of sale and the information related to the product.
4.2 In order to purchase a product on the website, You have to add the product you would like to buy to the e-cart on the website by clicking on the specific button. if You would like to purchase several products at once placing one order, You have to add such products to the e-cart. For confirming order You have to access your e-cart and check that all data for invoice and shipment are correct and then you have to select the method of payment. Before order confirming you have to read it and to correct possible mistakes made during the insertion of data using the button for the modification of data on the website. If You realize after order confirming that some of the data inserted are wrong, You can contact our customer service via e-mail at firstname.lastname@example.org. You shall follow carefully the instructions provided on the website about sending orders and purchasing products.
4.3 During the subscription process, You shall select the payment method among the ones made available by Dinamica S.r.l. according to art. 5. You shall confirm your will to place the order of the products added to the e-cart, by clicking on the button “Place order” or similar expressions. After clicking, the order of the products added to the e-cart becomes effective and Dinamica S.r.l. is expressively authorized to receive the payment, provided that the purchase of the products depends on the successfully completed payment of the amount due through the selected payment method.
4.4 After order confirming, You cannot modify the order, provided that You have the right to terminate the purchasing contract according to art. 7.
4.5 After order confirmation, You will receive an order confirmation e-mail sent by Dinamica S.r.l. containing the information about the main product features, product price, shipping costs and taxes. The order confirmation e-mail will be sent by Dinamica S.r.l. exclusively to the e-mail address provided during account registration. Moreover, Dinamica S.r.l will send you the receipt of payment according to applicable law, as well as tax receipt or invoice related to the purchase carried out. If You need to receive an invoice as You are a professional, You shall provide your VAT number before confirming order. If You provide your VAT number during the subscription process, Dinamica S.r.l. feels legitimately entitled to assume that You are subscribing to product(s) as a professional and that invoice shall be issued.
4.6 Dinamica S.r.l. will file any order that You placed using specific information systems throughout the time necessary for the fulfillment of law obligations and/or for the exercise or the defense of legal claims. Information related to the order is available accessing your personal area on the website.
4.7 You shall fulfill any law or regulations applicable to the purchase of products and You shall avoid any direct or indirect use of the website or of the purchased Product(s) that is against the law or against these General Terms as well as avoid any use of the website or of the purchased Product(s) that violates the rights of third parties.
4.8 You are eligible to purchase only the Products offered on the website and according to technical information that are part of the Special Terms of Sale provided on the website. You will not be able to purchase Products, though offered on the website, if they are marked as out of stock. In any event, the Products offered on the website can be purchased until they are available. If Dinamica S.r.l. is not able to send a Product because it has become unavailable, also temporarily, You will be informed via e-mail by Dinamica S.r.l. as soon as possible and in any case not later than 30 (thirty) days, refunding the amount of the payment(s) already made.
4.9 You shall not change the purchased Products with other ones though they are offered on the website.
- PAYMENT METHODS
5.1 Unless otherwise provided on the website, You can pay for the Products ordered through the following payment methods: Credit card, PayPal or Bank transfer.
5.2 With payment via credit card, Dinamica S.r.l. charges your credit card with the amount owed for the Products bought at order confirmation. You may be asked by Dinamica S.r.l. for sending a copy of your Identity Document (or of the Identity Document of a third person as owner of the credit card used) via e-mail or fax, before processing the payment and in order to identify the user for preventing frauds. The order will be suspended until such document is provided. Dinamica S.r.l. has the right to terminate the contract of sale giving written notice to you, if You do not provide such Identity Document within 10 (ten) working days from the receipt of the request of Dinamica S.r.l.. It is understood that the terms and conditions for sending the Product(s) start to run from the date on which You provide Dinamica S.r.l. with the copy of the Identity Document requested. The payments with credit card are processed according to the service offered by the Bank Sella using the secure protocol SSL. You further acknowledge and agree that all credit card details shall be directly sent to the payment service provider and that Dinamica S.r.l. will therefore collect and treat the above mentioned credit card data (except for the latest 4 numbers of the credit card used and the expiry date). You represent and warrant that you are fully entitled to use the credit card indicated during the subscription process, that such credit card is valid and that the credit card’s available credit is not lower than the amount owed. In the event that your credit card is not accepted by the authorized payment service provider or that the credit card’s available credit is lower than the amount owed, it will not be possible to purchase the Product(s) and You must use an alternative payment method.
5.3 If the payment is made through PayPal, You will be forwarded to an online portal fully run by PayPal that You shall use according to the Terms and Conditions of use that govern your PayPal account. The payments made through PayPal will be exclusively processed by PayPal. You acknowledge and accept that the details of the credit card provided in the PayPal account are processed exclusively by PayPal. Dinamica S.r.l. charges your credit card with the amount due at order confirmation or, at the latest, on the day of shipping.
5.4 If the payment is made through PayPal, the total amount due will be charged by PayPal at the shipping of the Product(s) or on the working day before shipping.
5.5 If Dinamica S.r.l. shall refund the amount of money that you paid, such refund shall be made using the same payment method You used and it shall be made according to the Terms and Conditions set out by the payment service provider used to purchase the Product(s).
5.6 The invoice related to each of the orders placed is sent via e-mail and it is available accessing your personal area on the website.
6.1 The Product(s) ordered are sent via e-mail with a link to download the software purchased and the codes to activate the license.
6.2 The e-mail is sent within 2 hours from payment receiving, if the payment has been done with credit card or PayPal. For payments made through bank transfer the e-mail is sent directly by Dinamica S.r.l. during working hours after the amount for the product(s) purchased has been charged.
- RIGHT TO RETURN POLICY
7.1 You, as consumer, have the right to return from subscription to Product(s) on the website within a period of 14 (fourteen) days after the subscription purchase without providing any raison and paying no additional subscription fees.
7.2 The return period ends after 14 (fourteen) days from the date on which You or a third person you appointed receive the e-mail with the link to download the software.
7.3 If You wish to return a subscription, You shall communicate your decision to Dinamica S.r.l. before the return period ends. For this purpose You may:
a) Use the Return Form
b) Send a written declaration to the customer service via e-mail at email@example.com in which You expressively inform Dinamica S.r.l. about your decision to return the subscribed Product(s); or
c) If any, follow the wizard on the website to return a Product or ask Dinamica S.r.l. for making it available on your personal area on the website. After the receipt of the return request, Dinamica S.r.l. shall promptly send You an e-mail with receipt confirmation of your return request.
7.4 If your right to return the Product(s) has been validly exercised, Dinamica S.r.l. shall refund you for the amount paid included eventual delivery costs within 14 (fourteen) days from the date on which Dinamica S.r.l. has received your return request. Dinamica S.r.l. shall use the same payment method that you used to purchase the Product(s) you wish to return, if not otherwise agreed with Dinamica S.r.l. and notwithstanding that You shall not pay any additional costs for refund.
- DECLARATION AND WARRANTS
8.1 You represent and warrant that:
(i) You are fully entitled to legitimately stipulate these General Terms of sale;
(ii) If You are a natural person, You are of sufficient legal age;
(iii) the data and other information provided to Dinamica S.r.l. during your account registration on the website and the subscription process are true, correct and up to date. Dinamica S.r.l. reserves the right to check at any time and by any means at its disposal the data and information provided, also asking for documents attesting the truthfulness of the above mentioned data and information. In the event of any violation of the articles 8 (iv), (v) and (vi) Dinamica S.r.l. reserves also the right to disable or suspend the access to your account;
(iv) You will be the only one to access and use your account on the website and You will not allow third persons to access or use it;
(v) You are not subject to any restrictions or any disciplinary measures that prohibit or limit your rights to purchase Product(s) in any jurisdiction;
(vi) if it is allowed to publish comments or other contents on the website, You shall not use, publish or add any content (A) forbidden by applicable law and/or violating the rights of third persons or of Dinamica S.r.l. and/or libelous towards Dinamica S.r.l. and that is (B) obscene, offensive, violent, detrimental to personal dignity or blasphemous and that, by way of example, contains racist statements and/or that praises the superiority of one race, culture or nation over another or over a minority, or apologies for crimes against humanity as well as incitements to hatred and violence; that is pornography or sexually explicit, harassing and menacing or giving information, persuading messages or instructions about how to carry out illegal activities or that can harm third persons; that praises dangerous behaviors or able to lead minors to imitate such behaviors or to assume drugs or to perform animal abuse; that gives explicit as well as hidden promotional and advertising messages and that shows images unsuitable for underaged.
9.1 Dinamica S.r.l. will process your personal data according to the purposes and the modalities set out in the Privacy notice provided on the website during account registration.
9.2 By accessing your personal area on the website, You can modify, correct or update your personal data at any time.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
10.1 The website, its contents and layout, the trademark “ArredoCAD”, the name of the domain www.arredocad.com and all related intellectual and industrial rights are owned solely by Dinamica S.r.l. and by its licensors, reserved for them and not transferable to You in any way.
- DURATION AND TERMINATION
11.1 These General Terms are valid for unlimited time, notwithstanding that each Party may terminate this agreement giving prior written notice to the other Party. Nevertheless it is understood that, in the event of termination of one of the Parties and before termination becomes valid, the purchased Products are not subject to termination and these General terms will apply until the obligations of both Parties regarding the purchased Products are fulfilled. The closure of your account carried out by You shall be deemed as the fulfillment of your termination right. The closure of the website and/or of your account by Dinamica S.r.l. shall be deemed as the fulfillment of the termination right of Dinamica S.r.l.
11.2 You accept and agree that Dinamica S.r.l. does not warrant in any way that accessing your account or purchasing Products on the website will be always possible. Therefore Dinamica S.r.l. reserves the right to suspend or terminate at any time your access to your account permanently, as well as to delete your account, with no obligation to provide prior notice and with no prejudice to the rights that You have already acquired regarding the Products purchased on the website.
12.1 Pursuant to art. 1456 of the Italian Civile Code, Dinamica may cancel these General Terms and each contract of purchase stipulated on the website with immediate effect, if You breach one or more provisions set out in art. 8 sending You a written notice. Without prejudice to the right for Dinamica S.r.l. to claim any damage.
- ASSIGNMENT OF CONTRUACTUAL RIGHTS AND LIABILITIES
13.1 You acknowledge and agree that Dinamica S.r.l. may assign fully or partially the rights and liabilities pursuant to these General Terms to thirds.
- CUSTOMER SERVICE
14.1 For support, complaints or any information You can contact the customer service of Dinamica S.r.l. per e-mail at firstname.lastname@example.org or per phone at 0039/0721/26465 from Monday to Friday, from 8:30 am to 12:30 pm and from 2:30 pm to 6:30 pm.
- GOVERNING LAW AND JURISDICTION
15.1 These General Terms are subject to the Italian Law.
15.2 Any dispute between the Parties arising out of or relating to these General Terms and any contract of purchase of Products including validity, interpretation, enforcement and termination shall be subject to the exclusive jurisdiction of the Court in Pesaro, to the exclusion of any different and/or alternative court. Although, if You are stipulating these General Terms as “Consumer”, pursuant to the Italian Civil Code such disputes shall be subject to the Italian judge that has territorial jurisdiction in a mandatory way in the place in which You live in Italy.
15.3 Dinamica S.r.l. informs You that the European Commission provides a platform for the resolution of online disputes available at the following link: http://ec.europa.eu/consumers/odr/.