GENERAL TERMS AND CONDITIONS OF SALE

 

INDEX

INTRODUCTION

  1. PROPERTY
  2. SUBJECT
  3. EXECUTION OF CONTRACT
  4. SERVICE AVAILABILITY
  5. REFUSAL TO PROCESS AN ORDER
  6. PRICE AND PAYMENT
  7. DURATION
  8. WITHDRAWAL
  9. CHANGES OF SERVIC
  10. LIMITATION OF LIABILITY AND BAN ON CYBERATTACK
  11. INTERRUPTIONS OF SERVICE
  12. FORCE MAJEUR
  13. LINK AD ALTRI SITI WEB
  14. COPYRIGHTS AND TRADEMARKS
  15. PERSONAL DATA PRIVACY
  16. PARTIAL INVALIDITY
  17. ENTIRETY OF CONTRACT
  18. COMPLAINTS AND ONLINE DISPUTE RESOLUTION
  19. APPLICABLE LAW AND PLACE OF JURISDICTION

 

INTRODUCTION

These Terms and Conditions govern the relationship between the User and the Site Owner concerning the provision of Garantesy Services and the access to the Technology Platform provided on site garanteasy.com (“Site” “Platform” and “User/Users”). If the User does not agree to Terms and Conditions, he is not authorized to use Site services. This Site must be exclusively used for personal aims and not for business purposes. By accessing the Site the User agrees to use services and information for his own personal, non-commercial use (e.g. product data sheets, manuals, pictures, warranty information, etc). The User declares to have legal capability to act to execute the contract with Garanteasy by the access to Site or registration to any other form of Garanteasy Platform and by the acceptance of these Terms and Conditions, that include essential information about processing of personal data relating to the EU Regulation 2016/679 (GDPR)

1. PROPERTY

The User is aware that the Site Owner is Garanteasy S.r.l, legal head office in piazza Pio XI, 1, Milano, tax code and VAT number 08055550969, e-mail address info@garanteasy.com (in this document “Owner” and “Garanteasy” are used as equivalent to each other).

2. SUBJECT

The subject of the Site consists of providing Users with the following types of functions:

A. Garanteasy Base Service

– on Site or via e-mail (at archivio@garanteasy.com) manual archiving of maximum 10 (ten) purchase
invoices, 20 (twenty) product sheets and 30 (thirty) warranties or extended assistances for maximum
storage capacity of 1 gigabyte;
– consultation of purchase invoices data, warranties and, in case, products purchased from Garanteasy
selling partners;
– consultation of warranty information archived on Site;
– warranty schedules archived on Site;
– bug reports or support requests to responsible parties of warranties or extensions archived;
– transfer of archived information to other Site users for instance in case of gift or sale of a product;
– e-mail support for Site malfunctions;

B. Garanteasy Premium Services

All Garanteasy Base Services plus manual archiving services of unlimited purchase invoices, product sheets and your own consumer goods warranties for maximum storage capacity of 5 gigabytes.

3. EXECUTION OF CONTRACT

3.1     How to register

User registration to Garanteasy technology Platform gives User the chance to avail himself of related services governed by these Terms and Conditions. The User can register via different procedures depending on the fact that at first he has registered directly by himself or by means of a third party. For this reason methods are as follows:

1. Direct registration on Site;
2. Registration by means of a third-party Licensee of Garanteasy Service.
However, here too, the third-party Licensee must create a temporary account that must be confirmed
and completed by the User via manual registration on Site.

3.2      Order

The User can select to active a service solution between:

– Garantesy Base Service;

– Garanteasy Premium Service

Registration procedures of the purchase choice are indicated on Site. In this context the User can find any information about the free or for payment status of the above-mentioned services, with the indication – for Garanteasy Premium Service – of the total amount to pay to Garanteasy, including the amount related to potential taxes, the main features of services subject of the service solution selected, the payment methods, the termination terms and the explanation that the order completion implies the obligation to pay (“Order”). Once the favorite type of service is selected, the User must register on the Site by entering his identifying data and e-mail address, and, in case of Garanteasy Premium Service, the payment method selected among those indicated on the Owner’s specific webpage.

Information and personal data supplied by Users must be correct, accurate, truthful and updated and the User assumes full responsibility for the aforementioned accuracy.

Before submitting the Order to Garanteasy, the User have the opportunity to verify the precision of data entered and to modify, if necessary. In addition the User must compulsorily read and agree to these Terms and Conditions and privacy policy. Without the explicit consent to the processing of his personal data, processing cannot be continued. Garanteasy informs the User that the submit of the Order implies the instant activation of the Service requested, and, in case of Garanteasy Premium Service, the obligation to pay the amount due.

3.3      Order Confirmation

The contract between Garanteasy and the User is meant as executed when the order confirmation is received by the User, promptly sent from Garanteasy to the electronic mail address indicated in the Order by the User (“Order Confirmation”). This procedure in entirely computerized and requires no signature, but it is executed when the User receives the e-mail message. The order Confirmation contains a summary of Terms and Conditions and specifics applicable to the existing contract between the parties, information concerning essential features of the service purchased and, exclusively for Garanteasy Premium Service, detailed information about price, payment method selected and any other potential economic burden. In accordance with current regulations a copy of these Terms and Conditions will be attached to the Order Confirmation, in order to enable the User to save it in electronic form and/or print it. The contract between these two parties is not meant as executed in default of the Order Confirmation reception by the User.

4. SERVICE AVAILABILITY

Garanteasy Free Service or Garanteasy Premium start automatically and are instantly available starting from the reception of the Order Confirmation by the User. Specifically, the digital storage space is made available to the User starting from the reception of the Order Confirmation, as well as general information services are instantly available.

5. REFUSAL TO PROCESS AN ORDER

Although Garanteasy shall do everything possible to process every Order received, exceptional circumstances or other technical and organizational causes might occur forbidding the confirmation of some Orders; therefore Garanteasy reserves the right to refuse the Order received, without being held liable since the contract between the parties is not executed up until the Users receive the Order Confirmation.

6. PRICE AND PAYMENT

6.1 Price

In case of request for Garanteasy Premium Services activation, the amount payable to the Owner shall be the one indicated on Site, in addition to other potential taxes indicated to the User at the time of the Order.

6.2 Payment

The User can make the payment by using Visa, Mastercard or American Express credit cards and any other type of credit card indicated on this Platform, or via bank transfer.

7. DURATION

7.1 Duration of Garanteasy Base Services

Garanteasy Base Services have no expiration date, the User can log into his account on Site and consult his electronic archiving for the duration of the statutory or conventional warranty applicable to the archived Purchases. When all the Warranties will expire, except for potential new archiving, all data will be erased on Site and the User account will be cancelled and his personal data will be erased within the following 72 hours.

7.2 Duration of Garanteasy Premium Services

Garanteasy Premium Services are supplied, against consideration, for a period of twelve (12) months starting from their activation date; when this period will expire, the User will only be able to log into his account on the Site and consult his electronic archiving for the duration of the statutory or conventional warranty. When this period too will expire, except for potential renewals, sales receipts and proofs of purchase will be erased on Site and the User account will also be definitively cancelled.

8. WITHDRAWAL

8.1 Exercise of the right of withdrawal

Pursuant to article 52 of Legislative Decree 206/2005, so-called “Consumer Code”, as amended by Legislative Decree 21/2014, Users can withdraw from these Terms and Conditions, without specifying the reason why, within the deadline of fourteen (14) days starting from the execution of contract date, in other words from the date of reception of the Order Confirmation by the User. The right of withdrawal must be exercised through an explicit declaration to send to Garanteasy, via post or electronic mail address referred to in article 1. To meet the above-mentioned deadline, it is sufficient that User sends notification relative to the exercise of the right of withdrawal, with the modalities indicated above, before the expiry of the withdrawal period. Withdrawal can be notified through the use of “Withdrawal Text Message” available in the annex to this document. It must be the text to send via e-mail to the address info@garanteasy.com.

8.2  Refund of amounts paid

In case of the  exercise of the right of withdrawal, Garanteasy commits to disable services activated by the User and to disable His account on Site within 72 hours starting from the reception of notification of contract withdrawal. Concerning Garanteasy Premium Services, Garanteasy also commits to refund the amount paid by the User, including potential economic burdens, within fourteen (14) days starting from the notification of the User’s decision to withdraw from the contract. Above-mentioned refunds shall be made by using the same payment method selected by the User for the initial transaction, save as the User clearly specifies an alternative method in the explicit declaration referred to in previous article 8.1

9. CHANGES OF SERVICE

Garanteasy reserves the right to change these Terms and Conditions at any time via general communications published on Site and/or via e-mail notifications to Users with indication of the effective date of changes, that shall be at least fifteen (15) days later than the date of notification sent by Garanteasy. These changes shall be always and in any case respectful of minimum consumers’ rights legally recognized by current regulations. In any case, Terms and Conditions that govern the relationship between the parties are those provided on the date of execution of the contract, as attached to the Order Confirmation e-mail. Exclusively formal changes shall not be reported.

10. LIMITATION OF LIABILITY AND BAN ON CYBERATTAK

To the extent permitted by law, Garanteasy assumes no liability for damages, claims, direct or indirect losses, which the User incur because of the unsuccessful or defective operation of Users or third parties’ electronic devices. The Owner cannot be held liable for damages resulting from failure to provide services offered on Site because of the anomalous or unsuccessful operation of the electronic device for reasons beyond the area of his own predictable control or due to force majeure, as weather or social events as described in the following specific article. For the specification of these cases it is necessary to consult article 12) “Force majeure”.

The User commits to avoid any improper use of the Site and avoid the insertion of virus, trojan horses, worm, logic bombs or other programs or materials that could cause technological damages. Without authorization, the User must not access the Site nor his hosting server nor any other servers, computers or databases pertaining to the Site.

The User commits not to download for spreading aim from the Site any material as: Data sheets, Pictures, User and Maintenance Manuals, Warranties, or anything else published on Site only for personal reference.

The User also commits not to perpetrate DoS attacks on the Site. Failure to respect these regulations could involve violations defined by law in criminal matters. In case of non-compliance with the above-mentioned regulation, Garanteasy shall inform the competent authorities with whom it shall collaborate to identify those responsible for the attack perpetrated. In the same way in case of non-compliance with this clause, the User’s authorization to use the Site shall be instantly suspended. For the purpose of maintaining high quality standard of User’s Privacy, Garanteasy shall never ask the User for passwords or any other personal access codes to System. Garanteasy wants to remind the User that he must be careful and responsible for the conservation of his codes secrecy. For this reason Garanteasy immediately declines any potential liability pertaining problems due to a reckless use of access codes to system by the User.

11. INTERRUPTION OF SERVICES

Garanteasy reserves the right to temporarily suspend the provision of services for as long as strictly necessary to technical interventions that could be essential and/or appropriate to improve their quality. In case of planned interruption expected to be longer than 4 hours, it shall be announced in advance via Site or via SMS message and/or e-mail to Users. Garanteasy may suspend the provision of services at any time if there are justified reasons of safety or violations of confidentiality, in this case by giving notice to the User.

12. FORCE MAJEURE

Garanteasy shall not be liable in any way for non-performances or delays in performance of any of these contract obligations caused by any event beyond its reasonable control (“Force Majeure events”).

Force Majeure Events refer to any action, event, non-occurrence, failure or incident beyond any reasonable control; this locution includes, but is not limited to the following points:

– strikes, lockouts or other labour unrests;

– revolts, insurrections, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or not), in   other words threats of war;

– fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters;

– inability to use rail system, maritime transport, air transport, motor vehicles or other means of public or private transport;

– inability to use public or private telecommunication networks;

– deeds, decrees, laws, regulations or restrictions of any government;

– any strike, disaster or incident of a maritime, postal or any other significant mean of transport nature.

It is understood that the performance of obligations of this contract shall be suspended for the entire duration of Force Majeure Events. Under these circumstances, the User shall benefit from an extension to the performance of the contract equal to the duration of this period. It is understood that, even during Force Majeure Events, Garanteasy shall strive for finding a solution in order to comply with contractual obligations.

13. LINKS TO OTHER SITES

The Site might include hyperlinks to other websites managed by third parties, including advertisements and other content providers. These Sites may collect data or ask for personal information from the User. Garanteasy does not exert nor is obliged to exert any form of control on these links and sites and therefore it declines any liability for damages, claims, direct or indirect losses resulting in any form to the User from viewing, use and/or functioning of third-party sites or third-party services reached via these links.

14. COPYRIGHTS AND TRADEMARKS

Except for contents subject of spiderization, all Site contents, including and not limited to texts, trademarks, logos, icons, images, illustrations, product sheets, manuals, warranties, audio-video recordings, databases, source codes or software and licenses, are protected by Copyright Law n. 633/41, and are property of Garanteasy, or rather of third parties, that manage them under declared license and/or authorization. Therefore without express written consent of Garanteasy, except for case of personal use, the User cannot copy, modify, change, publish, publicly promote, distribute, sell or transfer any material and/or article and/or image and/or video and/or database and/or program strings that are on Site, neither in part not in full. By accessing the Site, User agrees to comply with the following conditions:

– he agrees not to reproduce pages or frames present on Site;
– he agrees not to exploit the name of the Site and/or of Garanteasy;
– he agrees not to reproduce articles, texts, material or links of this Site;

for commercial purposes.

Particularly the User agrees not to:

– use the Site in a way that could cause damage or infringe third parties’ rights;
– use software and programs that could cause damage to the Site;
– change, adulterate, modify the “Look and Feel” of the Site and programs.

With the acceptance of these General Conditions, User commits to release from liability and hold harmless Garanteasy from any third parties’ claim, dispute, request resulting from or related to the User conduct regarding the use of the Site.

15. PERSONAL DATA PRIVACY

The processing of Users’ personal data shall be carried out in compliance with the provisions referred to the New Privacy Code (EU Regulation 2016/679 GDPR and its transposition Law, Legislative Decree 101/2018). In Article 25, GDPR introduces the principle of privacy by design, that is the construction of the data management System integrated in the construction of the operating System of the Company. Garanteasy has designed its management system on the basis of Liability on User’s data, asking only for minimum requirement for the performance of Service. The System is the result of a long work done from the beginning on the basis of GDPR principles, applying all the necessary security measures, in addition to other technological systems able to ensure security and full compliance of the purposes of the System as required by Law. In terms of privacy Garanteasy operates under the control of Data Protection Authority to which any changes of system is notified.

Garanteasy guarantees and fosters its Users to exercise their rights, it does no direct marketing and no profiling of data in its possession and it does not transfer data abroad except within European Union and for operational reasons only. As published in the Privacy Policy of the Site, Garanteasy shall be User’s Data Controller in case of direct registration on Site, instead it shall be Data Processor in case of User’s registration to third-party Licensees.

In no event, as a general rule, Garanteasy shall be Data Controller if User’s data will be archived by third-part Licensees, even through creation of a provisional account.

16. PARTIAL INVALIDITY

In case any article of Terms and Conditions, or part thereof, should be deemed invalid, illicit or inapplicable by the competent authority, this article, clause or instruction shall be considered non-existent, whereas all the other articles, clauses and instructions shall remain valid to the fullest extent permitted by Law.

17. ENTIRETY OF CONTRACT

These Terms and Conditions, and also any document to which explicit reference is made in these Terms and Conditions, represent the entire covenant between the User and the Site Owner concerning the subject of their agreements and replace any previous covenant, agreement or pact between the same parties, be it oral or written. The User and the Owner, by signing the contract, acknowledge that they have not relied on any representation, commitment or promise made by the other part, or that can be deduced from what has been said and written during the negotiations preceding the contract, but only on what is explicitly stated in these General Terms and Conditions of Sale.

18. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

If the User considers that his rights have been infringed, he may forward a complaint at the address info@garanteasy.com in order to try to resolve the developed dispute through an extrajudicial settlement. In this regard, we inform you that in case of activation of Garanteasy Premium Services, in accordance with Regulation No 524/2013, the User has the right to institute an extrajudicial procedure in order to try to settle the dispute amicably, by accessing the online platform, accessible via the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?consumer-question1=Y&consumer-question2=Y&consumer-question3=N&complaintType=1&event=main.complaints.new.

19. APPLICABLE LAW AND PLACE OF JURISDICTION

These Terms and Conditions are governed by Italian law. For any dispute pertinent to these Terms and Conditions, pursuant to article 66-bis of Legislative Decree 206/2005, the competent body is the Court of the place of User’s residence or elected domicile, if they are located on Italian territory. These Terms and Conditions entered into force on December 5, 2016 and are updated to November, 2019.

ANNEX:

Withdrawal text message

(use this text only if you wish to withdraw from the contract)

To Garanteasy S.r.l., via e-mail at the address info@garanteasy.com

“I hereby give notice that I withdraw from my contract of Services of the following service:

GARANTEASY BASE (*) / GARANTEASY PREMIUM (*)

Ordered on (*) / with order confirmation received on (*)”

Withdrawing User’s Name

Date

Signature

(*) Delete as appropriate

(Dear User, when your withdrawal will be completed with the reception of this form, Garanteasy shall erase your data from the system within the following 72 hours)