GENERAL TERMS AND CONDITIONS OF USE OF THE SITE
TKART powered by mag3
Last updated: August 07, 2017
IN ORDER TO USE THIS SITE AND TAKE ADVANTAGE OF SERVICES RELATED TO THE CONSULTATION OF EDITORIAL CONTENT, UPDATES, ASSISTANCE OR MAINTENANCE, THE USER MUST EXPRESSLY ACCEPT THE FOLLOWING GENERAL CONDITIONS. IF THEY DO NOT ACCEPT THE FOLLOWING GENERAL CONDITIONS, THE USER WILL NOT BE AUTHORIZED TO ACCESS THE SITE AS A REGISTERED USER OR CARRY OUT TRANSACTIONS VIA THE SITE
Sorridi Editore S.r.l., of Via Padova 330, 20132 Milano, registered in the Milan Business Registry at n. REA 1773012, Fiscal Code and VAT n. 04797440965, capital stock of Euro 20,000.00, in the person of the pro tempore legal representative (henceforth, “the Company” or “Sorridi Editore”), owner of the domain www.tkart.it powered by mag3 (henceforth, “Website”) operates – among other ways – via a computer platform – www.mag3.it – which allows it to give Users the opportunity to purchase its own products and services and those of its Licensees.
The present document defines the General Contractual Conditions (henceforth, “General Conditions” or “Contract”) provided for Users of the Website. Sorridi Editore invites the User to read carefully the following Conditions regarding its editorial content. These will have to be known and accepted at the moment of purchase.
The present General Conditions regulate the Website’s terms and conditions of use, as well as the supply of the related services of consultation of editorial content and trade magazines (either free or for purchase), updating, assistance and maintenance of the Website.
All purchases of products and services made via the Website by Users accessing it are regulated by the General Conditions, as well as by the other operative regulations and instructions contained on the Website. In case of conflict between the above-mentioned regulations and instructions and the contents of the General Conditions, the latter prevail.
The present General Conditions apply to updates as well as supplements, adaptations, developments and improvements of the Website on the part of Sorridi Editore, unless these are accompanied by independent contractual conditions agreed to after the acceptance of the present Conditions, in which case such contractual conditions will prevail over those in the present Contract in case of conflict.
The regulations of the present General Conditions apply indistinctly to all Users.
Sorridi Editore invites each User, before making any purchases, to read the present General Conditions attentively and to print them out or keep an electronic copy.
REQUIREMENTS AND MODES OF ACCESS AND REGISTRATION FOR THE SITE
To register for and use this site the User must:
- be of legal age;
- register in the appropriate section of the Site;
- accept the present General Contractual Conditions.
The registering User agrees to provide truthful, precise, current and complete information as requested by our registration procedures. The User undertakes not to pretend to be a different person and not to make false statements about their identity or their relations with other persons or entities, including the use of their user name, password, or other information related to another person’s account, name, image or photograph.
The User agrees, moreover, to notify us immediately at the address provided in the “Customer Service” paragraph about any unauthorized use of their user name, password, or other information related to their account, or any other security violation of which they have become aware regarding the Website or matters connected to it.
The User is responsible for the confidentiality of their user name and password, as well as all activities undertaken with their account name.
MODIFICATION/CANCELLATION OF USER REGISTRATION DATA
Registered Users may at any moment update personal information submitted to Sorridi Editore during registration for the Website. To do so, it’s necessary to access the “Dashboard” section of the Website. Registered Users are exclusively and personally responsible for the truthfulness and precision of the personal information inserted and submitted to Sorridi Editore.
USE OF WEBSITE AND PURCHASING PROCEDURE
The User may access the Website and consult the “magazine” display that contains previews of articles/content equipped with mag3 technology. It’s possible to see previews of the individual slides for each article. Once the User is registered, they may purchase or freely consult (depending on the item in question) the various products.
The User may purchase products available in the Website’s electronic catalogue, each of which is illustrated by the informational profiles contained on the Website, so long as they respect the technical access and registration procedures described in the previous paragraphs. The publication of the products and services offered on the Site constitutes an invitation to the User to formulate a purchase offer. The order sent by the User has the value of a contractual proposal and entails a full knowledge and complete acceptance of the present General Conditions.
The successful and correct reception of the User’s offer is confirmed by Sorridi Editore with a request for confirmation of the purchase order sent via e-mail or otherwise. Said confirmation message will indicate the Order Number/Code of the selected magazine, which should be used in any future communications with Sorridi Editore. The confirmation reply contains, in addition to the product information required by law, all the personal information supplied by the User, who undertakes to verify its correctness and immediately communicate any necessary corrections.
By sending in their order according to the Website’s operating instructions, the User declares that they have reviewed all the indications given to them during the purchasing procedure, and that they fully accept the General Conditions of payment described below.
METHOD FOR FINALIZING ORDERS
The User may access the service related to the purchase or consultation of editorial content present on the Site, in the section where a preview of each individual item or each piece of editorial content is visible.
Each consultation order (whether the content supplied is free or paid) may be viewed by the User on their personal dashboard page of the Website once they have completed their order. Until the moment the User clicks on “Proceed,” they have the faculty to modify or cancel the order, exclusively via the specific functions of access and modification provided on the aforementioned personal page. After clicking on “Proceed,” the order may no longer be cancelled or modified.
Each agreement to provide the consultation of content between Sorridi Editore and the User shall be understood as concluded upon the acceptance of the order on the part of Sorridi Editore.
Access to the service presumes the availability to the User of the appropriate hardware or software for the correct functioning of the particular service. The lack of (or User’s failure to purchase) the above-indicated devices will result in the User’s inability to use the service, without any responsibility on the part of Sorridi Editore.
PRICES OF AVAILABLE EDITORIAL CONTENT
The prices of editorial content, as shown on the Site, are subject to change at any moment, it being understood that, for orders pending acceptance or already accepted by Sorridi Editore, the Conditions of Sale in force when the User sent in the order will be applied.
PAYMENT VIA PAYPAL / STRIPE
Information related to the purchaser’s PayPal / Stripe account is transmitted via secure link to the website of the bank handling the transaction. In conformity with the applicable norms in the field, said information is acquired at the request of Sorridi Editore and used to proceed with the payment transaction.
Sorridi Editore reserves the faculty to ask the User at any moment for additional information necessary to the fulfilment of the order and/or a copy of documents proving proprietorship of the PayPal / Stripe account used in finalizing the order.
If the User fails to send the information or additional documentation requested, Sorridi Editore reserves the faculty not to accept the order or to withdraw from the online sales contract, should the failure to send the requested information prevent the conclusion of the order, by sending the User a contextually motivated communication at the email address submitted during registration.
The provisions of the above-mentioned paragraphs of the present article also apply, when compatible, to the modes of payment via PayPal, Stripe and other methods of payment accepted by Sorridi Editore.
The Service are billed on a subscription basis (“Subscription(s)”). The User will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a annual basis.At the end of each Billing Cycle, the Users Subscription will automatically renew under the exact same conditions unless the Users cancels it or Sorridi Editore Srl cancels it. The User may cancel his Subscription renewal either through his dashboard or by contacting Sorridi Editore Srl customer support team.A valid payment method, PayPal or Stripe, is required to process the payment for his Subscription. The User shall provide Sorridi Editore Srl with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, the User automatically authorizes Sorridi Editore Srl to charge all Subscription fees incurred through his account to any such payment instruments.
The promotions below € 24.99 are valid only for the first year of subscription and only for new subscribers.
Sorridi Editore reserves the right, at its sole discretion, to refuse the order or to withdraw from the online sales contract if the user is referable to a registered user who has already subscribed, whether the subscription is active and not active, giving contextual motivated communication to the User at the e-mail address indicated by the User during registration.
Sorridi Editore Srl may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).The users may be required to enter his billing information in order to sign up for the Free Trial.If the User do enter his billing information when signing up for the Free Trial, he will not be charged by Sorridi Editore Srl until the Free Trial has expired. On the last day of the Free Trial period, unless the User cancelled your Subscription, he will be automatically charged the applicable Subscription fees for the type of Subscription he has selected.At any time and without notice, Sorridi Editore Srl reserves the right to modify the terms and conditions of the Free Trial offer, or cancel such Free Trial offer.
LIMITATIONS TO USE OF THE SITE
The User may utilize the Website exclusively in the ways expressly granted in the present Conditions. In doing so, the User must respect any technical limitations present on the Website, which allows them to use it only in specific ways.
The User cannot:
- bypass the technical limitations and technological parameters present on the Website;
- decode, decompile, or disassemble the Website’s code, except where such activities are expressly contemplated by law, and strictly within the limits of such laws;
- publish the Website’s code in order to allow its duplication by others;
- copy the Website or part of it, except to the extent permitted by law;
- use the Website in ways that break the law;
- extrapolate and distribute any material that contains a virus or other harmful component, or that tampers with, compromises or damages in any way the Website or connected networks, or that otherwise interferes with other users’ ability to use the Website.
LIMITATIONS TO USE OF EDITORIAL CONTENT
Once the User completes payment of the indicated price or the proper procedure in the case of freely consultable content, the Website gives them access to the editorial content or magazine. Once the procedure has been completed, the User is permitted to exercise the rights and faculties of use expressly authorized by the content’s publisher.
Previews of editorial content are made available to the User on the basis of their registration with the Website, are non-transferrable to third parties, and their content and limitations are established by the copyright holders of the specific content, for which Sorridi Editore is not responsible. The User therefore undertakes to use the content in full conformity and respect of the aforementioned limitations of use, and not to violate in any way the copyright belonging to the publishers of each individual magazine.
Without prejudice to the above, any use of the editorial content is circumscribed and limited to the User’s sole and private use, and any commercial use is excluded. In particular, the availability of the editorial content does not transfer to the User any commercial or promotional rights to the same. Any possibility of viewing the content from different devices and/or its exportation is permitted merely to facilitate the User’s private consultation of the content, and does not constitute a concession, renunciation or other limitation of any rights of the copyright holders regarding any content found in the magazines.
RIGHT OF WITHDRAWAL
Pursuant to Article 59, clause 1, article o of the Consumer Code, given that the Service supplies digital content by means of an immaterial support system, the User accepts that right of withdrawal from an order for the consultation of editorial content may no longer be exercised after clicking “Confirm Purchase” and delivery of the service has already begun.
Sorridi Editore guarantees that it has been authorized by its Licensee publishers:
- to use the images and distinguishing marks being published;
- to publish commercial offers for the magazines and/or other editorial content identified on the basis of agreements with those Licensees.
Sorridi Editore and its affiliates, directors, managers and/or agents or other third parties that have taken part in the creation, production or divulgation of the Website, are not liable for any damage, whether direct, indirect, special, implicit or diverse, deriving from the Website or the inability to use the Website, including damage caused by viruses, or by malfunctions deriving from glitches or problems that might affect the Microsoft Azure platform, utilized by Sorridi Editore for the site.
The User undertakes to release Sorridi Editore from any and all liability for any loss, damage, responsibility, negative consequence or expense in any way connected to complaints against the User due to the utilisation of materials or products in connection with the service and/or editorial content in violation of any applicable norm, of the rights of third parties, or of the terms of the present General Conditions for the supply of service.
EXCLUSION OF GUARANTEE
Sorridi Editore does not declare or guarantee either implicitly or expressly that the Site will satisfy the demands of the User, or that the Site is free of errors.
Sorridi Editore reserves the faculty to suspend connection to the Website temporarily or permanently for causes of force majeure (some, but not all, of which are: decisions of the public authority, failure of electrical current or telephone connections, unavailability or clogging of the mobile and land-based telephone systems, etc.), for the User’s failure to respect any one of the obligations stated in the present Conditions, for improvements, repairs, or maintenance on the Website. Therefore, no reimbursement or compensation will be owed to the User under any title.
It remains understood that in case of the temporary suspension of service for the improvement, repair, maintenance and restyling of the Website, the functioning of the Website will recommence and continue regularly for users according to the present Conditions.
CONNECTION TO THIRD-PARTY WEBSITES
The Website may contain hypertext links to external web sites under the ownership of third parties.
Sorridi Editore exercises no control over said websites; it therefore takes no responsibility for the accuracy, content, completeness and quality of the information contained on said third-party websites. The User is thus held to direct all questions and doubts inherent to any external link to the administrator or webmaster of the third-party website in question.
INTELLECTUAL PROPERTY AND DISTINGUISHING MARKS
Subject to the limitations regarding the use of distinguishing marks of MAG3’s Licensees, any marks (whether registered or not) and any works of the intellect, distinguishing marks or denominations, images, photographs, written text or graphics and, generally, any immaterial goods protected by law and international conventions in matters of intellectual property and industrial property reproduced on this Site, remain the exclusive property of Sorridi Editore without the User obtaining any rights over the same merely through their access to the Site and/or the stipulation of contracts for the delivery of services. The property, rights of use and commercial exploitation and, in general, all rights, including copyright and author’s rights, in any way inherent to the service and to each magazine are and will remain the exclusive property of Sorridi Editore and/or the respective owners of the editorial content. The service and editorial content are protected by the copyright laws currently in force and every other applicable norm.
It is therefore prohibited to reproduce, even partially, the content or graphics of the Website, as well as the distinguishing marks displayed on it.
Sorridi Editore is the Owner of the website, including the source codes and possible adaptations, developments and improvements made by Sorridi Editore for the specific requirements of users or Licensees, all documentation related to it, and the rights of economic use to the same, all of which is protected by current copyright law.
MODIFICATION OF GENERAL OR SPECIFIC CONDITIONS
Sorridi Editore reserves the right to modify or update the present General Conditions any time it sees fit, with no previous warning to the User.
The emended version of the General Conditions will be displayed on the Website as soon as any variation is introduced.
Sorridi Editore reserves the right to deny access to the Website at any moment and without any warning in case of fraudulent use or the presumption of such, or any use contrary to the present General Conditions. Any fraudulent, offensive or illegal activity whatsoever constitutes good cause to block the account, and such activity may be notified to the competent authorities.
COMMUNICATION AND COMPLAINTS
All communications and eventual complaints on the part of the User for Sorridi Editore in relation to the use of a given service must be sent to firstname.lastname@example.org and addressed to Customer Service, head of Website management.
APPLICABLE LAW AND COMPETENT LEGAL FORUM
The present General Conditions are regulated in every aspect by Italian law. For any controversy inherent to the interpretation, execution or resolution of the contract between Sorridi Editore and the User, jurisdiction will belong to the Consumer Court.
Failure on the part of Sorridi Editore to exercise any right attributed to it by the present General Conditions shall not constitute a renunciation of such right, nor should it be interpreted as such.
The User does not have the right to transfer or cede their rights and/or obligations deriving from the present General Conditions without the prior consent of Sorridi Editore.
Should any of the clauses of the present General Conditions be or become invalid or inefficacious, such invalidity or inefficacy does not vitiate the validity or efficacy of the other clauses of the General Conditions, which therefore remain in force between the parties.
The parties agree to substitute the invalid or inefficacious clauses with valid and efficacious clauses that adhere as much as possible to the will of the various parties.
ACCEPTANCE OF GENERAL CONDITIONS
Using the website, the user accepts the general conditions of use of the site TKART.it powered by mag3