Terms and Conditions

This document sets out the general terms and conditions of use of the Accessibi website, which offers web accessibility and software development services provided by the owner of the Application.

1. Definitions

To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set out below:

1. Owner: Web Solution Group Srl, registered office at Via Monte Sabotino, 2 Bergamo (BG) 24121, VAT number / Tax Code 04598080168, BG474890, share capital fully paid up €20,000.00
2. Application: the Accessibi website and the CRM crm.accessibi.com
3. Products: digital products (content and services provided in digital format), services, sold by the Controller
4. User: any person accessing and using the Application
5. User Consumer: a natural person of full age who concludes a contract for purposes unconnected with his or her trade, business, craft or professional activity, if any
6. Professional User: a natural person over the age of 18 or a legal person concluding a contract for the performance of or for the purposes of his trade, business, craft or profession
7. Conditions: this contract governing the relationship between the Controller and the Users and the sale of the Products offered by the Controller through the Application.

1. Detailed Information on the Application Offer

The Application provides Accessibi users with a range of tailor-made services for small and medium-sized enterprises to grow on the web and through social media. For those who want to create an effective online presence for their brand. A dynamic and professional company where customer care always comes first. Discover the quality of services and competitive prices. Everything your company needs: websites, e-commerce, online and local advertising campaigns, social management and SEO..

1. Scope of the Conditions

Use of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the Terms and/or any other note, legal notice, information published or referred to therein, he/she will not be able to use the Application or its services.

The Conditions may be changed at any time.

The applicable Conditions shall be those in force on the date of transmission of the purchase order or request for supply of a Product.

Before using the Application, the User should read the Terms carefully and save or print them for future reference.

The Owner reserves the right to change, at its own discretion, at any time, even after the User's registration, the graphic interface of the Application, the Contents and their organisation, as well as any other aspect that characterises the functionality and management of the Application, notifying the User of the relevant instructions where necessary.

1. Purchasing via the Application

All Products offered through the Application are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times, accessory charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. Furthermore, any Product images are only representative and do not constitute a contractual element.

Purchases of one or more Products via the Application are permitted to both Consumer and Professional Users.

Natural persons are only allowed to make purchases if they are of legal age. For minors, any purchase and/or request for supply of Products through the Application must be screened and authorised by their parents or those exercising parental responsibility.

The offer of Products through the Application constitutes an invitation to offer and the order sent by the User shall be considered as a contractual proposal to purchase, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have the right, at its sole discretion, to accept or reject the User's order without the User being able to object or complain of anything for any reason whatsoever.

The contract of sale of the Products is concluded with the acceptance by the Controller of the User's contractual proposal . The Controller will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User, which will contain the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the delivery and execution times, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.

The contract of sale of the Products shall not be deemed effective between the parties in the absence of the foregoing.

If the Product is not available, the Holder shall inform the User of the new delivery or supply terms, asking whether or not he intends to confirm the order. It is understood that the contract shall be deemed to have been concluded in respect of the Products accepted by the Holder.

The User undertakes to check the correctness of the data given in the order confirmation and to notify the Controller immediately of any errors and shall keep a copy of his order, its confirmation and the Conditions.

1. Registration

In order to take advantage of the Application's functionalities, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy ( https://www.iubenda.com/privacy-policy/56810897?ifr=true&height=650&newmarkup=yes&origin=https%3A%2F%2Faccessibi.com%2Fit%2F&an=no) and the Conditions.

The User is responsible for guarding his or her access credentials, which must be used exclusively by the User and may not be passed on to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to inform the Controller immediately if he suspects or becomes aware of any misuse or improper disclosure of them.

The User warrants that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Controller harmless and indemnified against any damage, indemnity obligation and/or penalty arising from and/or in any way connected with the User's breach of the rules on registration with the Application or on the storage of registration credentials.

1. Account deletion and closure

Registered Users may stop using the Application at any time and deactivate their account or request its deletion via the Application's interface, if possible, or by sending a written notice to the e-mail address legal@gilbi.co.

In the event of a breach by the User of the Terms or any applicable legal provisions, the Owner reserves the right to suspend or terminate the User's account at any time and without prior notice.

1. Subscription

The Application offers subscription Products. The features and how to subscribe are detailed in the Application.

To subscribe, the User must follow the procedure indicated in the Application and enter the required data. Any charge for the subscription will commence on the date specified and with the frequency indicated at the time of subscription.

The subscription is renewed in the manner and at the times indicated in the Application.

Users may deactivate the renewal via the Application or by sending a communication to the e-mail address legal@gilbi.co or by changing the preferences of the payment method used.

1. Prices and payments

For each Product, the price including VAT, if due, is indicated. Where the nature of the Product makes it impossible to calculate the price in advance, the method of calculating the price is indicated.

In addition, any taxes, additional charges, which may vary depending on the method of payment used, shall be indicated. If these expenses cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.

The Holder reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes shall in no case affect contracts already concluded prior to the change.

The User undertakes to pay the price of the Product at the time and in the manner indicated in the Application and to communicate all the necessary data that may be required.

The Application uses third-party tools for payment processing and in no way comes into contact with the payment data provided (credit card number, holder's name, password, etc.).

Should such third-party instruments deny authorisation for payment, the Holder may not supply the Products and may not be held liable in any way.

1. Invoicing

The User who wishes to receive the invoice will be asked for the invoicing data. The invoice shall be issued on the basis of the information provided by the User, which the User declares and guarantees to be true, releasing the Controller in full indemnity in this regard.

1. Provision of Digital Products and Services 

The Controller shall provide the Digital Products, including any Digital Products supplied on a material medium and/or services to the User, in the manner and within the term indicated on the Application and set out in the order confirmation.

In the event that it is not possible to supply the requested digital products and services within this period, the User will be notified promptly by e-mail, stating when it is expected to be possible to supply them or the reasons why supply is impossible.

If the User does not wish to accept the new term or the supply has become impossible, he may request a refund of the amount paid, which shall be credited promptly in the same manner as the payment method used by the User for the purchase within a maximum of 14 days after the Holder has become aware of the request for a refund.

1. Exclusion of Professional Users' Right of Withdrawal

The Professional User has no right of withdrawal from the contract of sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him as a Professional User, for whom the right of withdrawal does not apply.

1. Users' right of withdrawal from the purchase of digital products and services 

The Consumer User has the right to withdraw without penalty and without specifying the reason within a period of 14 days from the date of conclusion of the contract by sending a written communication to the e-mail address legal@gilbi.cousing the optional withdrawal form set out in the following article or any other written declaration.

In the event of a properly exercised withdrawal, the Controller shall reimburse the User for the payments received, in the same payment method used by the User for the initial transaction, without undue delay and in any event within 14 days from the date on which the User communicated that he is withdrawing from the contract.

The User acknowledges and accepts that he/she loses the right of withdrawal after downloading or using a digital Product.

The User acknowledges and accepts that he loses his right of withdrawal after the complete performance of a service. If the service has not been fully performed and the User wishes to withdraw from the contract, he shall nevertheless remain obliged to pay the Holder an amount in proportion to what has been performed up to the time he exercised his right of withdrawal.

The User acknowledges and accepts that withdrawal from a subscribed subscription does not entail the return of any amounts relating to Products already used or paid for.

1. Cases of exclusion of the User's right of withdrawal

The right of withdrawal from the contract of sale or supply of Products by the User is relatively excluded:

1. the supply of Products whose price is linked to fluctuations in the financial market that the Holder cannot control and that may occur during the withdrawal period
2. the supply of tailor-made or clearly customised products
3. the supply of Products that are liable to deteriorate or expire rapidly. This category includes all food products (including beverages) whose characteristics are subject to deterioration as a result of improper storage
4. the supply of sealed Products that are not suitable for return for hygienic or health protection reasons and have been opened after delivery
5. the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
6. to contracts in which the User has specifically requested a visit by the Controller or an appointed professional for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such a visit, the Controller or a commissioned professional provides services in addition to those specifically requested by the User or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods
7. the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery
8. the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
9. contracts concluded at a public auction
10. the provision of accommodation for non-residential purposes, transport of goods, car rental services, catering services or services related to leisure activities if the contract provides for a specific date or period of performance

For further clarification, please contact the owner at the following e-mail address legal@gilbi.co.

1. Optional form to exercise the right of withdrawal
2. The User may withdraw using the following form, which must be completed in full and sent to the e-mail address legal@gilbi.co before the expiry of the withdrawal period:

I hereby give notice of withdrawal from the contract of sale or supply relating to the following product __________  Order number:_______  Ordered on: _______  First and last name: _______  Address: ______  E-mail associated with the account from which the order was placed: ____________________  Date: __________  

1. Digital Product Conformity Warranty for Consumer Users

Consumer Users are granted the conformity guarantee, provided for in Articles 135-decies et seq. of the Consumer Code, for all digital Products sold through the Application, with the exception of the cases of exclusion provided for in Article 135-novies of the Consumer Code.

The Holder is liable for conformity defects that become apparent within two years from the date of supply. Any defects in conformity must be reported by the consumer within twenty-six months from the date of supply or from the last act of supply. When the contract of sale provides that the Digital Products are supplied for a certain period of time, the obligation to ensure conformity remains for the entire duration of that period.

If the consumer-user wishes to avail himself of the remedies under the conformity guarantee, he must send a written communication to the e-mail address legal@gilbi.co. The Holder shall promptly acknowledge the communication of the alleged conformity defect and indicate to the Consumer User the specific procedure to be followed. For all matters not provided for in this clause, Articles 135-octies to 135-vicies bis of the Consumer Code and the articles of the Civil Code on the formation, validity and effectiveness of contracts, including the consequences of termination of the contract and the right to compensation for damages, shall apply.

1. Industrial and Intellectual Property Rights

All the contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark law. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorised the Owner to publish them in the Application. Except for strictly personal use, the Contents may not be copied, altered, distributed, published or used without specific authorisation from the Owner.

1. Warranty Exclusion

The Application is provided on an "as is" and "as available" basis and the Owner makes no express or implied warranties in relation to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will be uninterrupted or error-free or that it will be free of viruses or bugs.

The Owner shall endeavour to ensure that the Application is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the Owner's control or for events of force majeure.

1. Limitation of Liability

The Holder shall not be liable to the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside its own control or that of its suppliers.

Furthermore, the Holder shall not be liable for any damages, losses, and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to him, the User being only entitled to a full refund of the price paid and any additional charges incurred.

The Cardholder assumes no liability for any fraudulent and unlawful use that may be made of credit cards and other means of payment by third parties, as it does not in any way come into contact with the payment data used (credit card number, cardholder's name, password, etc.).

The Holder shall not be liable for:

1. any loss of business opportunity and any other loss, including indirect loss, that the User may suffer that is not a direct consequence of the breach of contract by the Controller
2. incorrect or inappropriate use of the Application by Users or third parties
3. the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for their correct entry

In no event shall the Holder be liable for more than double the amount paid by the User.

1. Force majeure

The Controller shall not be liable for any failure to perform or delay in performing its obligations due to circumstances beyond the Controller's reasonable control due to force majeure events or, in any event, to unforeseen and unforeseeable events and, in any event, beyond its control.

The fulfilment of obligations by the Holder shall be deemed suspended for the period during which force majeure events occur.

The Controller shall do everything in its power to find solutions that enable the proper fulfilment of its obligations despite the persistence of force majeure events.

1. Linking to third-party sites

The Application may contain links to third-party sites/applications. The Owner exercises no control over them and is therefore in no way responsible for the content of these sites/applications.

Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third parties will apply to the individual services, with respect to which the Owner accepts no responsibility.

1. Privacy

Personal data will be protected and processed in accordance with the Privacy Policy, which can be found at https://www.iubenda.com/privacy-policy/56810897?ifr=true&height=650&newmarkup=yes&origin=https%3A%2F%2Faccessibi.com%2Fit%2F&an=no

1. Applicable law and jurisdiction

The Conditions are subject to Italian law.

For Professional users, any dispute relating to the application, execution and interpretation of these Terms shall be subject to the jurisdiction of the court of the place where the Owner is established.

For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring a case before a judge other than the "consumer court" pursuant to Article 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Italian Code of Civil Procedure.

This is without prejudice to the application to Consumer-Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities for communicating the same and the legal guarantee of conformity.

1. Online Dispute Resolution for Consumer Users

The Consumer User residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to settle out of court any disputes relating to and/or arising from contracts for the sale of goods and provision of services concluded online. Accordingly, the User Consumer may use this platform to resolve any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date 04/12/2024