The following are the terms and conditions under which MDO Didactics of Marco Dell’Olio offers users access to its services available on the website www.mdo-didactics.com.
To allow a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:
The contract for the purchase of the Products is concluded by completing and sending the order form. This form contains the ordering and order details, the price of the purchased Product, any additional accessory charges, the methods and terms of payment, the address where the Product will be delivered, the time of delivery and the existence of the right of withdrawal as well as consent to the processing of personal data.
When the Owner receives the order from the User, he sends a confirmation e-mail or a printable confirmation web page and order summary, in which the data referred to in the order will also be displayed. previous point.
The Conditions are not considered effective between the parties in default of what is indicated in the previous point.
The Owner may modify or simply update these Conditions in whole or in part. The User acknowledges and agrees that any changes to these Terms will apply to orders sent by Users after the date of notification of modification of the Conditions. The User is therefore invited to view the Conditions at each access to the Web-site and it is advisable to print a copy for future reference..
It is understood that in no case will the Owner be held responsible in the event of loss, distribution, theft or unauthorized use by third parties, for whatever reason, of the Users’ access credentials.
Registered Users can stop using the Products at any time and deactivate their accounts or request deletion through the Web-site interface, if possible, or by sending a written notice to firstname.lastname@example.org, or by calling Customer Service at + 39-353.32.44.048.
The Owner, in the event of a violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or terminate the User’s account at any time and without notice.
The purchase of one or more Products through the Web-site is allowed both to Users who are Consumers and to Users who do not have this quality.
According to the art. 3, I paragraph, lett. a) of Legislative Decree 206/2005 (“Consumer Code“) we remind you that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any business, commercial, professional or artisanal activity carried out.
The purchase of natural persons is only permitted on the condition that they have reached the age of eighteen.
The Owner undertakes to describe and present the Products sold on the Web-site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the Web-site and the actual Product may emerge. Furthermore, any photographs of the Products on the Web-site do not constitute a contractual element, as they are only representative.
The User expressly assigns to the Owner the right to accept only partially the order placed (for example in the case in which there is not the availability of all the ordered Products). In this case the contract will be deemed finalized in relation to the Products actually sold.
The Owner reserves the right to refuse an order:
The Owner reserves the right to modify, at any time, the price of the Products and any shipping costs thereof. It is understood that any changes will not in any case affect the contracts already concluded before the change.
The sales prices of the Products are inclusive of VAT, if due; any other tax and/or shipping costs to be borne by the User will be indicated before confirmation of the purchase.
The User undertakes to pay the price of the Product purchased according to the times and methods indicated on the Website.
Any refund to the User will be promptly credited by one of the methods proposed by the Owner and chosen by the User and, in the case of exercise of the right of withdrawal, at the latest within 30 days from the date on which the Owner became aware of the withdrawal itself..
All communications relating to payments are made using a connection protected by an adequate encryption system. The Owner guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
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 declares and guarantees will be true, releasing to the Holder any wider indemnity in this regard will prevail.
Material Product means any movable or digital asset provided on a material support offered through the Web-site.
The ordered material Products will be delivered to the User, at the address indicated by him, in the manner chosen by the User or indicated on the Website at the time of purchase. Delivery will take place within the terms indicated in the order confirmation.
Upon receipt, the User is required to verify the conformity of the Product delivered with the order placed; only after such verification will it be necessary to proceed with the signing of the delivery documents, without prejudice to the right of withdrawal.
If an order exceeds the quantity existing in the warehouse, the Owner, by e-mail, will inform the User if the Product is no longer bookable or what are the waiting times to obtain it, asking if it intends to confirm the order or not.
The Owner assumes no responsibility for the delay or failure to deliver the Product due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, to execute on time.
The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the User is only entitled to a refund of the price eventually paid.
The User who plays the role of consumer and who for any reason is not satisfied with the purchase of material Products has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason within the term of 14 days from Product delivery date.
It is understood that the right of withdrawal referred to in the previous paragraph is excluded in the following cases: supply of made-to-measure or clearly personalized products;
In order to withdraw from the contract, the User must contact the Owner at the e-mail address email@example.com or call Customer Service at + 39-353.32.44.048. The User will be informed of the procedures concerning the return of the Product. The sending of the communication can validly be replaced by the return of the purchased Product, as long as in the same terms. The date of delivery to the post office or to the forwarder will prevail between the parties.
In case of withdrawal, the Owner will reimburse the payments received by the User as well as delivery costs without undue delay and, in any case, no later than 30 days from the day in which the User has informed the Owner that he wishes to withdraw from the contract.
The Owner will reimburse the User in the same payment methods used by the User for the online purchase.
The User must return the Products at his own expense, unless the Supplier accepts to accept them, without undue delay and in any case within the period of 14 days from the date on which he communicated to the Owner his decision to withdraw.
The User is responsible for the integrity of the Product as long as the same good is in his possession and must take all appropriate measures to preserve the Product and do everything possible so that the Product is returned in the best possible condition, including the undamaged original packaging, instruction manuals, accessories, separate items and any other component. The Product must not have been subject to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product.
The Owner will not consider requests for returns in the event that the returned Product is malfunctioning due to improper use, negligence, physical, aesthetic or superficial damage or alteration, tampering or improper maintenance or wear and tear.
Optionally, the User can withdraw by using the following form, which must be completed in its entirety and sent to the e-mail address firstname.lastname@example.org, before the expiry of the withdrawal period:
With this form I communicate the withdrawal from the sales contract relating to the following goods/services: __________
Order number: _______
Ordere Date: _______
Name and Surname: _______
E-mail associated with the account from which the order was made: ____________________
All Products that fall into the category of “consumer goods”, as governed by art. 128, 2nd paragraph of the Consumer Code, sold through the Web-site are covered by the legal guarantee of conformity provided for by the art. 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for Consumers. Therefore, it finds Web-site, only to Users who have made the purchase through the Web-site for purposes unrelated to entrepreneurial, commercial, craft or professional activity.
Those who have purchased on the Web-site and who do not have the status of Consumers will be guaranteed for the defects of the thing sold, the guarantee for defects of promised and essential quality and the other guarantees provided for by the civil code with the relative terms , forfeitures and limitations (artt.1490 and ss. cc).
The lack of conformity that occurs within 24 months from the date of purchase of the Product must be reported within 2 months following the date of discovery of the defect.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After six months, the User must provide proof that the damage was not caused by incorrect or improper use of the Product.
According to the art. 130 of the Consumer Code, in case of lack of conformity of the Product, the User has the right to restore conformity of the Product, without charge. To this end, the User can normally choose between repairing the Product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively expensive. Furthermore, the User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs: i) the repair and replacement are impossible or excessively expensive; ii) the Owner has not repaired or replaced within a reasonable period; iii) the replacement or repair has caused considerable inconvenience to the consumer.
If the User intends to make use of the remedies provided by the legal guarantee accompanying the Products, he must contact the Owner at the e-mail address email@example.com or call Customer Service at + 39-353.32.44.048. The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to be followed, also taking into account the product category to which the Product belongs and / or the defect reported.
The User can upload material, contents, information, announcements or advertisements (hereinafter the “Contents” or individually the “Content“) on the Web-site, provided that the Content is not illicit (or obscene, intimidating, defamatory, pornographic, abusive, or for any unlawful title, or violates the privacy, intellectual and / or industrial property rights of the Data Controller and / or third parties) or is otherwise not harmful to the Owner and / or third parties or regrettable and does not contain viruses , political propaganda, commercial solicitation, mass e-mail or any other form of spamming.
The User is totally and exclusively responsible for the use of the Web-site (to be understood with regard to the functions of publication, consultation, management of Content and contact between Users) and is therefore the sole guarantor and responsible for the assets and the services offered as well as the correctness, completeness and lawfulness of the Contents and of their behavior in the context of the contact between Users.
In the case of publication of announcements, the User guarantees the availability and / or ownership of the good / service covered by the advertisements themselves. The User also guarantees that their ads do not infringe any copyright or industrial property right or any other right of third parties. In the event of a dispute by a third party regarding any announcement or conduct linked to it, the User assumes full responsibility and undertakes to hold the Holder harmless and harmless from any damage, loss or expense.
The Data Controller, while not being able to ensure timely control over the Contents received, reserves the right to cancel, move, modify those which, at its discretion, appear to be illegal, abusive, defamatory, obscene or harmful to copyright and trademarks or in any case unacceptable. The use of violent language will be grounds for immediate suspension and expulsion from the Web-site.
It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User in order to appropriate his identity, or in any other way to declare false information about the origin of the Contents.
The User acknowledges and agrees that the Content sent to interact with the Web-site (by way of example but not limited to sending comments, expressing opinions, participating in surveys and initiatives, sending images or video and audio files) may be modified, removed or published by the Owner. The User grants the Owner an unrestricted right of non-exclusive use on the Content sent by the User, without geographical limitations. The Data Controller may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, note, encode, modify and adapt ( including without limitation the right to adapt for transmission in any form of communication) in any form or with any instrument currently known or to be invented in the future, any Content (including images, messages, including audio and video), which should be sent by the User, also through third parties.
It is expressly prohibited, unless explicitly authorized by the Owner:
In relation to the Content sent, the User therefore renounces any material and moral rights he can claim as an author even with respect to the changes made by the Data Controller to such Content and in the event that the modifications are not appreciated or accepted by the author himself.
The Content sent will not be returned and will remain the property of the Owner who is therefore exempted from any liability towards Users for the loss, modification or destruction of the transmitted Content.
The User also guarantees that the Contents are sent to the Web-site through his account by over-age. For minors, the sending of Contents must be examined and authorized by the parent’s authority.
The Data Controller declares to be the owner and/or licensee of all intellectual property rights relating to and / or relating to the Website and/or the materials and content available on the Website.
These Conditions do not grant the User any license for use relating to the Website and/or to individual Contents and/or materials available therein, unless otherwise regulated.
All trademarks, figurative or nominative and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos that appear on the Web-site are and remain the property of the Owner or its licensees and they are protected by the laws in force on the trademarks and by the relative international treaties.
Any reproductions in any form of explanatory texts and Web-site contents, if not authorized, will be considered violations of the intellectual and industrial property right of the Owner.
The Web-site is provided “as is” and “as available” and the Data Controller does not provide any explicit or implicit guarantee in relation to the Web-site, nor does it provide any guarantee that the Web-site will satisfy the needs of Users or that will never have interruptions or will be free of errors or that will be free of viruses or bugs.
The Owner will work to ensure that the Web-site is available 24 hours a day uninterruptedly, but cannot in any way be held responsible if, for any reason, the Web-site is not accessible and / or operational at any time or for any period. Access to the Web-site may be suspended temporarily and without prior notice in the event of system failure, maintenance, repairs or for reasons wholly unrelated to the owner’s will or due to force majeure events.
The Owner cannot be held responsible to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of his own control or that of his sub-suppliers.
The Owner will also not be liable for damages, losses and costs incurred by the User as a result of the failure to execute the contract for reasons not attributable to him, as the User is only entitled to a full refund of the price paid and any additional charges incurred.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the services purchased, if he proves to have adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
The User undertakes to indemnify and hold harmless the Owner (as well as any company controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including the any legal costs incurred to defend themselves in court, which may arise in the event of damage caused to other Users or third parties, in relation to the Uploaded Content or the violation of the terms of the law or the terms of these Conditions.
Therefore, the Owner will not be responsible for:
In no case will the Owner be held responsible for a sum greater than twice the cost paid by the User.
The Data Controller cannot be held responsible for the failure or late fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of will such , by way of example and not limited to, failures or interruptions to telephone or electrical lines, to the internet and/or to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the supply of third-party products, services or applications.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Holder will perform any act in his power in order to identify solutions that allow the proper fulfillment of his obligations despite the persistence of events major force.
The website may contain links to third-party sites. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may link to third-party sites that provide services through the Web-site. In these cases, the general conditions for the use of the site and for the use of the service prepared by the third parties will be applied to the individual services, with respect to which the Owner assumes no responsibility.
No waiver by either party of an article of these Terms will be effective unless it is expressly declared to be a waiver and is communicated in writing.
If any provision of these Conditions is illegal or invalid, it will not be considered as part of the Conditions and this will not affect the remaining provisions that will continue to be valid to the maximum extent permitted by law.
These Conditions and all disputes regarding execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is based.
If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, except for the right of the User -consumer to appeal to a different judge from that of the “forum of the consumer” ex art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria of the articles 18, 19 and 20 of the civil procedural code.
The European resident Consumer must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve non-judicially any dispute relating to and/or arising from contracts for the sale of goods and services stipulated on the network. Consequently, the Consumer can use this platform to resolve any dispute arising from the online contract entered into with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/