This document sets forth 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.
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
The Application provides Accessibi Users offers a range of services tailored for small and medium-sized businesses to grow on the web and through social. 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 business needs: websites, e-commerce, online and local advertising campaigns, social management and SEO..
Use of the Application implies User's acceptance of the Terms. If the User does not intend to accept the Terms and/or any other notes, legal notices, disclosures published or referred to therein, the User may not use the Application or its services.
The Conditions may be changed at any time.
The applicable Conditions are those in effect on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, you should read the Terms carefully and save or print them for future reference.
The Owner reserves the right to vary, at its own discretion, at any time, even after the User's registration, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.
All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery time, ancillary charges, etc.). Some errors, inaccuracies or minor differences between what is published on the Application and the actual Product may become apparent. In addition, any Product images are only representative and do not constitute a contractual element.
Purchases of one or more Products through the Application are allowed for both Consumer and Professional Users.
For individuals, purchases are permitted only on the condition that they are of legal age. For minors, any purchase and/or request for supply of Products through the Application must be screened and authorized by 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 will be valid as a contractual proposal of purchase, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall, at its sole discretion, have the right to accept or not accept the User's order without the User being able to object or complain about anything in any capacity and/or reason.
The contract of sale of the Products shall be deemed concluded upon acceptance by the Owner of the User's contractual proposal . The Holder will accept the User's contractual proposal by sending the order confirmation to the e-mail address provided 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 ancillary taxes, the time of supply and performance, the procedures for exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract for the sale of the Products shall not be deemed effective between the parties in default of the preceding paragraph.
In the event that the Product is not available, the Holder will notify the User of the new delivery or supply terms, asking whether or not it intends to confirm the order. It is understood that the contract shall be deemed to be completed with respect to the Products accepted by the Holder.
The User agrees to verify the correctness of the data in the order confirmation and to immediately notify the Holder of any errors and will keep a copy of its order, its confirmation and the Conditions.
To take advantage of the features of the Application, 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 Conditions.
The User is responsible for the safekeeping of his/her access credentials, which are to be used exclusively by the User and may not be given to third parties. The User agrees to keep them secret and ensure that no third party has access to them and to inform the Owner 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 process is complete and true and agrees to hold the Owner harmless and indemnified from any damages, compensatory obligations and/or penalties arising from and/or in any way related to the User's violation of the rules on registration to the Application or retention of registration credentials.
Registered Users may discontinue using the Application at any time and deactivate their account or request its deletion through the Application interface, if possible, or by sending a written notice to the e-mail address [email protected].
In the event of User's violation of the Terms or applicable legal provisions, the Owner reserves the right to suspend or terminate User's account at any time and without notice.
The Application offers Subscription Products. Features and how to subscribe are detailed in the Application.
To subscribe, the User shall follow the procedure indicated in the Application and enter the required data. Any charge of the subscription cost will begin on the specified date and with the frequency indicated at the time of subscription.
The subscription is renewed in the manner and timeframe specified in the Application.
Users can deactivate the renewal through the Application or by sending a notice to the e-mail address [email protected] or by changing the preferences of the payment method used.
The price including VAT, if due, is indicated for each Product. Where the nature of the Product means that it is impossible to calculate it in advance, the manner of calculating the price is indicated.
In addition, there will be an indication of any taxes, additional charges that may vary depending on the method of payment used. Where such items of expense cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.
The Holder reserves the right to change, at any time, the price of the Products and all additional costs, if any. It is understood that any price changes will in no case affect contracts already concluded prior to the change.
The User agrees to pay the price of the Product at the time and in the manner specified in the Application and to communicate all 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 numbers, cardholder name, passwords, etc.).
Should such third party instruments deny authorization for payment, the Holder may not supply the Products and may not be held liable in any way.
The User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User, which he/she declares and guarantees to be true, will be used as the basis for the invoice, releasing to the Owner every ample indemnity in this regard.
The Owner will provide the Digital Products, including any Digital Products provided on a tangible medium and/or services to the User, in the manner and within the time limit indicated on the Application and stated in the order confirmation.
In the event that it is not possible to provide the requested Digital Products and services within this time period, timely notice will be given to the User by e-mail, including an indication of when it is expected to be able to provide them or the reasons why provision is impossible.
If the User does not wish to accept the new term or the supply has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date on which the Holder became aware of the request for refund.
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/her as a Professional User, for whom the right of withdrawal is not provided.
The User Consumer has the right to withdraw without penalty and without specifying the reason within the period of 14 days from the date of conclusion of the contract by sending a written notice to the e-mail address [email protected], using the optional withdrawal form in the following article or any other written statement.
In the event of a properly exercised withdrawal, the Holder will refund to the User the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User gave notice to withdraw from the contract.
You acknowledge and agree that you lose your right of withdrawal after downloading or using a Digital Product.
The User acknowledges and agrees that he/she loses the right of withdrawal after the complete performance of a service. Where the provision of the service has not been fully performed and the User wishes to withdraw from the contract, he remains obligated, however, to pay the Holder an amount proportional to what has been performed up to the time he has exercised the right of withdrawal.
The User acknowledges and agrees that withdrawal from a subscribed subscription will not result in the return of any amounts related to Products already used or dispensed.
The right of withdrawal from the contract of sale or supply of the Products by the User is excluded relatively:
For further clarification, contact the Holder at e-mail address [email protected].
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: __________
Consumer Users are granted the guarantee of conformity, provided for in Articles 135-decies et seq. of the Consumer Code, for all digital Products sold through the Application, except for the cases of exclusion provided for in Article 135-novies of the Consumer Code.
The Holder shall be liable for conformity defects arising within two years from the date of supply. Any defects in conformity, must be reported by the consumer User within twenty-six months from the date of supply or the last act of supply. When the contract of sale provides for the Digital Products to be supplied for a specific period of time, the obligation to ensure conformity remains for the entire duration of that period.
If the User Consumer wishes to take advantage of the remedies under the conformity warranty, he or she should send a written notice to the e-mail address [email protected]. The Owner will promptly acknowledge the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to be followed. For anything not provided for in this clause, the articles from art. 135-octies to art. 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.
All content of the Application, including text, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark protection legislation. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorized the Owner to publish them in the Application. Except for strictly personal uses, you may not copy, alter, distribute, publish or use the Content without specific permission from the Owner.
The Application is provided on an "as is" and "as available" basis, and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will never have interruptions or be error-free or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, 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 wholly beyond the Owner's control or due to force majeure events.
The Owner shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control or that of its suppliers.
The Owner shall also not be liable with respect to damages, losses and costs incurred by the User as a result of the non-performance of the contract due to causes not attributable to the Owner, the User being entitled only to the eventual full refund of the price paid and any ancillary charges incurred.
The Holder assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card number, holder's name, password, etc.)
The Holder will not be responsible for:
In no event shall the Owner be liable for more than twice the amount of the cost paid by the User.
The Holder shall not be held liable for failure or delay in the performance of its obligations, for circumstances beyond the reasonable control of the Holder due to force majeure events or, otherwise, unforeseen and unforeseeable events and, in any case, beyond its control.
The Holder's performance of obligations will be considered suspended for the period during which force majeure events occur.
The Holder will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.
The Application may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is 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 prepared by the third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
The protection and processing of personal data will be done in accordance with the Privacy Policy, which can be found on page https://www.iubenda.com/privacy-policy/56810897?ifr=true&height=650&newmarkup=yes&origin=https%3A%2F%2Faccessibi.com%2Fit%2F&an=no
The Conditions are subject to Italian law.
For Professional users, any dispute relating to the Application, performance and interpretation of these Terms shall be subject to the jurisdiction of the court of the place where the Owner is located.
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 an action before a judge other than the "consumer forum" pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedural Code.
It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable 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 the return of the Products, in the event of the exercise of such right, the methods and formalities for the communication thereof and the legal guarantee of conformity.
The User Consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and provision of services entered into online. Accordingly, the User Consumer may use such platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/
Date 04/12/2024
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