Terms and Conditions of Sale – InCORDE

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Terms and Conditions of Sale


InCORDE Terms and Conditions

These Terms govern

  • the use of InCORDE and
  • any other Agreement or legal relationship with the Data Controller

in a binding way. Uppercase expressions are defined in their section of this document.

 

You are requested to read this document carefully.

The person responsible for InCORDE is:

InCORDE by Laura MazzarelliViale Libertà 114/c20900 Monza (MB)Tel. 3760384218P.

VAT IT 11489440963   REA MB 2608094

Owner's email address: direzione@incorde.it

"InCORDE" refers to

  • this site, including the related subdomains and any other site through which the Data Controller offers the Service;
  • le application program interfaces (API);

To know at a glance

  • The right of withdrawal applies only to European consumers.
  • The use of InCORDE and the Service is reserved for adult users in accordance with applicablelaw.
  • The use of the Service/InCORDE is reserved for consumers only.
  • Access to InCORDE and the use of the Service by minors is allowed only under the supervision of parents or those who take their place.

CONDITIONS OF USE

Unless otherwise specified, the conditions of use of InCORDE set out in this section shall be of general validity.

Additional conditions of use or access applicable in particular situations are expressly indicated in this document.

By using InCORDE, you declare that you meet the following requirements:

  • You act as a Consumer;
  • You are of legal age under applicable law;
  • The use of InCORDE by minors is allowed only under the supervision of parents or those who take their place;

registration

To use the Service, you can open an account indicating all the data and information requested in a complete and truthful manner. You can also use the Service without registering or creating an account. In that case, however, certain functions may not be available.

It is the responsibility of users to keep their login credentials securely and to preserve their confidentiality. To do this, Users must choose a password that matches the highest level of security available on InCORDE.

By creating an account, you agree to be fully responsible for any activity you do with your login credentials. Users are required to inform the Data Controller immediately and unequivocally through the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, has been violated, unlawfully disseminated or stolen.

Registration requirements

Registering a User account on InCORDE is subject to the conditions below. By registering an account, you confirm that you meet these conditions.

  • Opening accounts via bots or other automated means is not allowed.
  • Unless otherwise specified, each User may create only one account.
  • Unless expressly permitted, a User's account cannot be shared with other people.

Account closure

You are free to close your account and cease using the Service at any time, following these steps:

  • Contacting the Data Controller at contact details in this document.

Account suspension and deletion

The Data Controller reserves the right to suspend or delete a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

The suspension or cancellation of the account does not give you any right to compensation, refund or compensation.

The suspension or cancellation of an account for reasons that are chargeable to you does not exempt you from paying any applicable compensation or prices.

Content on InCORDE

Unless otherwise specified or clearly recognizable, all content available on InCORDE is the property of or provided by the Owner or his licensors.

The Data Controller takes the utmost care to ensure that the content available on InCORDE does not violate the applicable legislation or third-party rights. However, it is not always possible to achieve this result. In such cases, without prejudice to the legally exercisable rights and claims, Users are requested to address the related complaints to the contact details specified in this document.

InCORDE Content Rights

The Data Controller expressly holds and reserves all intellectual property rights over the aforementioned contents.

Users are not authorized to use the content in any way that is not necessary or implied in the correct use of the Service.

In particular, but without exclusion, users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicences, transforming, transferring/alienating to third parties or creating derivative works from content available on InCORDE, from allowing third parties to undertake such activities through their User or device account, even without their knowledge.

Where expressly indicated on InCORDE, the User is authorized to download, copy and/or share certain content available on InCORDE exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller.

The limitations and exclusions provided for by copyright law remain restricted.

Access to external resources

Through InCORDE, Users may have access to resources provided by third parties. Users acknowledge and agree that the Data Controller has no control over these resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the same third parties and governed by the relevant terms and conditions or, in their absence, by law.

Permissible use

InCORDE and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and in accordance with applicable law.

It is your sole responsibility to ensure that the use of InCORDE and/or the Service does not violate the law, regulations or rights of third parties.

Therefore, the Data Controller reserves the right to take any appropriate measures to protect its legitimate interests, and in particular to deny the User access to InCORDE or the Service, terminate contracts, denounce any objectionable activity carried out through InCORDE or the Service to the competent authorities – e.g. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that it will put in place :

  • violations of law, regulations and/or terms;
  • injuries to third-party rights;
  • acts that can significantly prejudice the legitimate interests of the Data Controller;
  • offenses to the Owner or to a third party.

API terms of use

Users can access their InCORDE data through the Application Program Interface (API). Any use of the API, including through third-party products or services that access InCORDE, is subject to the Terms and in addition to the following specific conditions:

  • you expressly acknowledge and agree that the Data Controller is not liable for damages or losses resulting from your use of the API or third-party products or services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on InCORDE as part of the service are chargeable.

The rates, duration and conditions applicable to the sale of these Products are described below and in the respective sections of InCORDE.

Product description

Prices, descriptions and availability of the Products are specified in the respective sections of InCORDE and are subject to change without notice.

Although the Products on InCORDE are presented with the greatest technically possible accuracy, the representation on InCORDE by any means (including, as the case may be, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase process.

Purchase procedure

Every step, from the choice of the product to the forwarding of the order, is part of the purchase procedure.

The purchase process includes the following steps:

  • Users are requested to choose the desired Product and verify their choice of purchase.
  • After checking the information visible in the purchase choice, Users can place the order by submitting it.

Sending the order

Sending the order involves the following:

  • The sending of the order by the user determines the conclusion of the contract and gives the User the obligation to pay price, taxes and any additional charges and expenses, as specified on the order page.
  • In the event that the purchased Product requires an active contribution from the User, such as the provision of personal information or data, specifications or special requests, the forwarding of the order is also the obligation for the User to cooperate accordingly.
  • Once the order has been submitted, users will be sent a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.

prices

During the purchase process and before the order is forwarded, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.

Prices on InCORDE:

  • include all applicable fees, taxes and costs.

Promotions and discounts

The Data Controller may offer special discounts or promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions provided in the relevant section of InCORDE.

Promotions and offers are always granted at the sole discretion of the Owner.

Repeated or periodic promotions or discounts do not constitute any claim or right that users can apply to in the future.

Depending on the case, discounts and promotions apply for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are considered to refer to the time zone of the Owner's office, as indicated in the contact details in this document.

Good

Promotions and discounts can be offered in the form of Vouchers.

In case of violation of the conditions applicable to vouchers, the Data Controller may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to act in the appropriate judicial bodies in order to protect its rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers on the relevant information page or on the Voucher itself prevail in any case, regardless of the provisions below.

Unless otherwise specified, the following rules apply to the use of Vouchers:

  • Each Voucher is valid only if used in the manner and in the period of time specified on the website and/or voucher;
  • The Voucher can only be redeemed in full at the time of purchase – partial use is not allowed;
  • Unless otherwise specified, single-use vouchers can only be redeemed once per purchase and can therefore only be redeemed once even in the case of installment purchases;
  • Vouchers cannot be combined;
  • The Voucher must be used within the specified validity period. Once the deadline has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including reimbursement of the value of the Voucher, is excluded;
  • You are not entitled to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;
  • The Voucher is to be understood exclusively for non-commercial use. The reproduction, counterfeiting and marketing of the Voucher are strictly prohibited, as well as any illegal activity related to the purchase and/or use of the Voucher.

Means of payment

Details of accepted means of payment are highlighted during the purchase process.

Some means of payment are linked to additional conditions or incur additional costs. Detailed information can be found in the relevant section of InCORDE.

All payments are managed independently by third-party services. Therefore, InCORDE does not collect payment data – such as credit card numbers – but receives a notification once the payment is successful.

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees arising from the failed or rejected payment are borne by the User.

Installment payment

The purchase price may be paid in two or more instalments, within the terms specified on InCORDE or otherwise communicated by the Owner.Certain Products may be excluded from this payment method. In the event that the User is defaulting on only one of the payment instalments, the full amount due will be immediately due and payable.

Authorization for future payments via PayPal

In the event that you authorize the PayPal that allows future purchases, InCORDE will store an identification code linked to your PayPal's account. In this way, InCORDE will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.

The authorization can be revoked at any time by contacting the Data Controller or changing the personal settings of PayPal.

Reserve of ownership

Until you receive payment of the full purchase price from the Owner, you do not purchase ownership of the products ordered.

Contractual right of withdrawal

The Data Controller grants Users the contractual right to withdraw from the purchase contract according to the terms and conditions set out in the relevant section of InCORDE within 14 days of the conclusion of the contract.

delivery

Deliveries are made at the address indicated by the User and in the manner indicated in the order summary.

At the time of delivery, Users must verify the contents of the package and promptly report any anomalies to the contact details reported in this document or as described in the delivery note. Users may refuse to accept the package if visibly damaged.

Delivery may take place in the following countries or territories: AUSTRIA, BELGIUM, BULGARIA, CZECH REPUBLIC, DENMARK, ESTONIA, FINLAND, FRANCE, GERMANY, GREECE, HUNGARY, IRELAND, ITALY, LATVIA, LITHUANIA, LUXEMBOURG, MONACO, NETHERLANDS, POLAND, PORTUGAL, ROMANIA, SLOVAKIA, SLOVENIA, SWEDEN, UNITED KINGDOM.

Delivery times are indicated on InCORDE or during the purchase procedure.

Unless otherwise specified on InCORDE or agreed with you, the Products are delivered within thirty (30) days of purchase.

No delivery

The Data Controller is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damage or delays that occurred after delivery to the courier if the latter has been instructed by the User.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, any attempt at delivery from the second will be at the user's expense.

User rights

Right of withdrawal

Unless an exception is made, you may have the right to withdraw from the contract within the time limit specified below (usually 14 days) for any reason and without justification. You may find further information about your right of withdrawal in this section.

Those who have the right of withdrawal

If one of the exceptions listed below does not apply, Users acting as European Consumers have the right by law to withdraw from contracts concluded online (distance contracts) within the specified period of time later for any reason and without the need for justification.

Users who do not meet these requirements do not have the rights described in this section.

Exercise of the right of withdrawal

In order to exercise the right of withdrawal, the User must send the Data Controller an unequivocal communication of his intention to withdraw from the contract.

For this purpose, the User may use the standard withdrawal form available in the definitions section of this document. However, you are free to express your intention to withdraw from the contract in any other appropriate form. In order to respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.

When does the withdrawal period expire?

  • In case of purchase ofgoods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by them and other than the courier – takes possession of the goods.
  • In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single asset composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by him and other than the courier – takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Data Controller reimburses all payments received including, if made, those related to the costs of delivery to Users who have correctly exercised the right of withdrawal.

However, the higher cost deriving from the choice of a particular delivery method other than the cheapest standard delivery offered by the Data Controller, will remain at the user's expense.

The refund takes place without undue delay and in any case within 14 days from the day on which the Data Controller has been informed of the User's decision to withdraw from the contract. Unless otherwise agreed with you, the refund is made using the same means of payment used for the initial transaction. You must not incur any costs as a result of withdrawal.

... on contracts for the purchase of tangible goods

Unless the Data Controller has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by them to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.

The deadline shall be respected if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof that he has returned them.

The User is responsible for the decrease in the value of the goods resulting from a use of the goods other than that necessary to determine their nature, characteristics and operation.

The shipping costs of the return are borne by theUser.

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts:

  • supply of custom-made or clearly customized goods;

Legal guarantee of product compliance

According to European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the purchased goods have the promised or reasonably expected quality, functionality or characteristics for at least two years from the time of delivery to the buyer.

If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on InCORDE in accordance with the laws of the country in which they habitually reside.

The national laws of that country may grant such Users wider rights.

In particular, Consumers residing in France can exercise the rights to guarantee compliance within two years of delivery of the goods without having to produce proof of defect or lack of conformity. The period of time for which the Consumer is exempted from the production of the test is reduced to six months in the case of used goods.

By exercising the right of guarantee, the Consumer can choose between requesting the replacement or repair of the defective goods under the conditions specified in the Consumer Code French.

This legal guarantee of conformity is applicable regardless of any further commercial guarantee granted by the Data Controller.

The Consumer may also exercise the right of guarantee for hidden defects pursuant to the related provisions of the Civil Code French, choosing between withdrawal from purchase and price reduction.

Limitation of liability and maintenance

European users

Manleva, Man

You agree to maintain and keep unscathed the Data Controller and its subordinates, affiliates, officials, agents, brand owners, partners and employees of any claim or claim – including, without limitation, charges and legal fees – made by third parties due to or in connection with negligent conduct such as use or connection to the service, violation of these Terms, violation of third-party rights or laws by the User , its affiliates, officials, agents, brand owners, partners and employees, to the extent of the law.

Limitation of liability for your activities on InCORDE

Unless otherwise specified and without prejudice to the applicable legal provisions regarding liability for product damage, any claim for compensation against the Data Controller (or any natural or legal person acting on his behalf) is excluded.

The foregoing does not limit the Data Controller's liability for death, damage to the person or to physical or mental integrity, damages resulting from the violation of essential contractual obligations, such as the obligations strictly necessary to reach the cause of the contract, and/or damage caused by malicious conduct or gross negligence, provided that the use of InCORDE by the User has been appropriate and correct.

Unless the damage has been caused by malicious misconduct or gross negligence or affects life and/or personal, physical or mental integrity, the Controller shall be liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

In particular, within the limits mentioned above, the Data Controller assumes no responsibility with regard to:

  • any loss of earnings or other losses, even indirect, that you may have suffered (such as, but not limited to, commercial losses, loss of revenues, profits or budgeted savings, loss of contractual or commercial relationships, loss of goodwill or reputational damage, etc.);
  • damage or loss resulting from interruptions or malfunctions of InCORDE due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and out of the control of the Data Controller, such as, but not limited to, breakdowns or interruptions of telephone or power lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of products, services or applications of third parties;
  • any losses that are not a direct consequence of a violation of the Terms by the Data Controller;

Common provisions

No implicit waivers

Failure by the Data Controller to exercise legal rights or claims arising from these Terms does not constitute a waiver of the same. No waiver may be considered definitive in relation to a specific right or any other right.

Interruption of the Service

To ensure the best possible level of service, the Data Controller reserves the right to stop the Service for maintenance purposes, system updates or for any other modification, giving suitable news to users.

Within the limits of the law, the Data Controller reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Data Controller will ensure that Users can extract their Personal Data and information in accordance with the legal provisions.

In addition, the Service may not be available for reasons that escape reasonable control by the Data Controller, such as causes of force majeure (e.g. strikes, infrastructure malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit InCORDE or the Service in whole or in part without the prior written consent of the Data Controller, expressed directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in incorde's privacy policy.

intellectual property

Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to InCORDE, are held exclusively by the Data Controller or his licensors and are protected under the international laws and treaties applicable to intellectual property.

All trademarks – word or figurative – and any other distinctive signs, companies, service marks, illustrations, images or logos that appear in connection with InCORDE are and remain the exclusive property of the Owner or his licensors and are protected in accordance with the international laws and treaties applicable to intellectual property.

Changes to the Terms

The Data Controller reserves the right to modify the Terms at all times. In this case, the Data Controller will give appropriate news of the changes to users.

The changes will affect your relationship with you only for the future.

Continued use of the Service implies your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in the ability of each party to withdraw from the Agreement.

The applicable previous version continues to govern the report until you accept it. This version can be requested from the Data Controller.

Any change to these Terms will be communicated in writing at least one month before it becomes effective. If the Consumer does not accept the amended Terms, he will have the right to withdraw from the Agreement without prejudice and without any right of compensation within four months of the date on which the amendments to the Terms have become effective.

If required by applicable law, the Data Controller will determine the date by which the changes to the Terms will take effect.

Transfer of the contract

The Data Controller reserves the right to transfer, dispose of, renew or contract individuals or all rights and obligations under these Terms, taking into account the legitimate interests of users.

The provisions relating to the amendment of these Terms shall apply.

You are not authorized to assign or transfer your rights and obligations under the Terms without the Written Consent of the Data Controller.

Contacts

All communications related to the use of InCORDE must be sent to the contact details indicated in this document.

Safeguard clause

Should none of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not render ineffectiveness of the remaining provisions, which therefore remain valid and effective.

European users

Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavour to identify amicably a valid and effective provision to substitute for that void, invalid or ineffective. In the event of non-agreement within the aforementioned time limits, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal framework.

Without prejudice to the foreto, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the framework of the Agreement are essential or of such importance that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden on one of the parties.

Applicable law

The Terms are governed by the law of the place where the Data Controller is established, as indicated in the relevant section of this document regardless of the rules of conflict.

Exception for European Consumers

However, regardless of the foregoing, if you act as a European Consumer and have habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.

Competent forum

The exclusive jurisdiction to know any dispute arising from or in connection with the Terms rests with the court of the place where the Data Controller is established, as indicated in the relevant section of this document.

Exception for European Consumers

The above does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Uk consumers

Consumers based in England and Wales may take legal action in relation to these Terms in english and Welsh courts. Consumers based in Scotland may bring legal action in relation to these Terms in the Scottish or English courts. Consumers based in Northern Ireland may bring legal action in relation to these Terms in the courts of Northern Ireland or England.

Dispute resolution

Amicable settlement of disputes

Users may report any disputes to the Data Controller, who will try to resolve it amicably.

However unaffected the right of Users to take legal action, in case of disputes related to the use of InCORDE or the Service, Users are requested to contact the Data Controller at the contact details indicated in this document.

You may address a complaint to the e-mail address of the Data Controller indicated in this document, including a brief description and, where appropriate, the details of the order, purchase or account concerned.

The Data Controller will process the request without undue delay and within 3 days of its receipt.

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution that favors the out-of-court settlement of disputes related to and arising from online sales and service contracts.

Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.

Definitions and legal references

InCORDE (or this Application)

The structure that allows the provision of the Service.

agreement

Any legally binding or contractual relationship between the Data Controller and the User governed by the Terms.

good

Any digital or paper code or voucher that allows you to purchase the Product at a discounted price.

European (or Europe)

Defines a User who is physically present or has its registered office in the European Union, regardless of nationality.

Type withdrawal form

Addressed to:

InCORDE by Laura Mazzarelli Viale Libertà 114/c 20900 Monza (MB) Tel. 3760384218 P.IVA IT 11489440963 REA MB 2608094direzione@incorde.it
 

Hereily I/we note the withdrawal from my/our contract for the sale of the following goods/services:

_______________________________ (here is a description of the goods/services from which you intend to withdraw)

  • Ordered the: _____________________________________________ (enter date)
  • Received on: _________________________________ (enter date)
  • Consumer name(s):__________________________________________
  • Address of consumer(s):____________________________________________
  • Data: _____________________________________________

(sign only if this form is notified in paper form)

Owner (or We)

Indicates the natural or legal person who provides InCORDE and/or offers the Service to Users.

product

A good or service that can be purchased through InCORDE, such as a material asset, digital files, software, booking services, etc.

The sale of a Product may be part of the Service, as defined above.

service

The service offered through InCORDE as described in the Terms and on InCORDE.

Terms

All conditions applicable to the use of InCORDE and/or the provision of the Service as described in this document as well as any other document or agreement linked to it, in the most up-to-date version respectively.

User (or You)

Indicates any natural person using InCORDE.

consumer

Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his business, business, craft or professional activity.

Last modified: May 12, 2021

iubenda hosts this content and collects only personal data strictly necessary for its provision.

InCORDE Terms and Conditions

These Terms govern

  • the use of InCORDE and
  • any other Agreement or legal relationship with the Data Controller

in a binding way. Uppercase expressions are defined in their section of this document.

 

You are requested to read this document carefully.

The person responsible for InCORDE is:

InCORDE by Laura MazzarelliViale Libertà 114/c20900 Monza (MB)Tel. 3760384218P.

VAT IT 11489440963   REA MB 2608094

Owner's email address: direzione@incorde.it

"InCORDE" refers to

  • this site, including the related subdomains and any other site through which the Data Controller offers the Service;
  • le application program interfaces (API);

To know at a glance

  • The right of withdrawal applies only to European consumers.
  • The use of InCORDE and the Service is reserved for adult users in accordance with applicablelaw.
  • The use of the Service/InCORDE is reserved for consumers only.
  • Access to InCORDE and the use of the Service by minors is allowed only under the supervision of parents or those who take their place.

CONDITIONS OF USE

Unless otherwise specified, the conditions of use of InCORDE set out in this section shall be of general validity.

Additional conditions of use or access applicable in particular situations are expressly indicated in this document.

By using InCORDE, you declare that you meet the following requirements:

  • You act as a Consumer;
  • You are of legal age under applicable law;
  • The use of InCORDE by minors is allowed only under the supervision of parents or those who take their place;

registration

To use the Service, you can open an account indicating all the data and information requested in a complete and truthful manner. You can also use the Service without registering or creating an account. In that case, however, certain functions may not be available.

It is the responsibility of users to keep their login credentials securely and to preserve their confidentiality. To do this, Users must choose a password that matches the highest level of security available on InCORDE.

By creating an account, you agree to be fully responsible for any activity you do with your login credentials. Users are required to inform the Data Controller immediately and unequivocally through the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, has been violated, unlawfully disseminated or stolen.

Registration requirements

Registering a User account on InCORDE is subject to the conditions below. By registering an account, you confirm that you meet these conditions.

  • Opening accounts via bots or other automated means is not allowed.
  • Unless otherwise specified, each User may create only one account.
  • Unless expressly permitted, a User's account cannot be shared with other people.

Account closure

You are free to close your account and cease using the Service at any time, following these steps:

  • Contacting the Data Controller at contact details in this document.

Account suspension and deletion

The Data Controller reserves the right to suspend or delete a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

The suspension or cancellation of the account does not give you any right to compensation, refund or compensation.

The suspension or cancellation of an account for reasons that are chargeable to you does not exempt you from paying any applicable compensation or prices.

Content on InCORDE

Unless otherwise specified or clearly recognizable, all content available on InCORDE is the property of or provided by the Owner or his licensors.

The Data Controller takes the utmost care to ensure that the content available on InCORDE does not violate the applicable legislation or third-party rights. However, it is not always possible to achieve this result. In such cases, without prejudice to the legally exercisable rights and claims, Users are requested to address the related complaints to the contact details specified in this document.

InCORDE Content Rights

The Data Controller expressly holds and reserves all intellectual property rights over the aforementioned contents.

Users are not authorized to use the content in any way that is not necessary or implied in the correct use of the Service.

In particular, but without exclusion, users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicences, transforming, transferring/alienating to third parties or creating derivative works from content available on InCORDE, from allowing third parties to undertake such activities through their User or device account, even without their knowledge.

Where expressly indicated on InCORDE, the User is authorized to download, copy and/or share certain content available on InCORDE exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller.

The limitations and exclusions provided for by copyright law remain restricted.

Access to external resources

Through InCORDE, Users may have access to resources provided by third parties. Users acknowledge and agree that the Data Controller has no control over these resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the same third parties and governed by the relevant terms and conditions or, in their absence, by law.

Permissible use

InCORDE and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and in accordance with applicable law.

It is your sole responsibility to ensure that the use of InCORDE and/or the Service does not violate the law, regulations or rights of third parties.

Therefore, the Data Controller reserves the right to take any appropriate measures to protect its legitimate interests, and in particular to deny the User access to InCORDE or the Service, terminate contracts, denounce any objectionable activity carried out through InCORDE or the Service to the competent authorities – e.g. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that it will put in place :

  • violations of law, regulations and/or terms;
  • injuries to third-party rights;
  • acts that can significantly prejudice the legitimate interests of the Data Controller;
  • offenses to the Owner or to a third party.

API terms of use

Users can access their InCORDE data through the Application Program Interface (API). Any use of the API, including through third-party products or services that access InCORDE, is subject to the Terms and in addition to the following specific conditions:

  • you expressly acknowledge and agree that the Data Controller is not liable for damages or losses resulting from your use of the API or third-party products or services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on InCORDE as part of the service are chargeable.

The rates, duration and conditions applicable to the sale of these Products are described below and in the respective sections of InCORDE.

Product description

Prices, descriptions and availability of the Products are specified in the respective sections of InCORDE and are subject to change without notice.

Although the Products on InCORDE are presented with the greatest technically possible accuracy, the representation on InCORDE by any means (including, as the case may be, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase process.

Purchase procedure

Every step, from the choice of the product to the forwarding of the order, is part of the purchase procedure.

The purchase process includes the following steps:

  • Users are requested to choose the desired Product and verify their choice of purchase.
  • After checking the information visible in the purchase choice, Users can place the order by submitting it.

Sending the order

Sending the order involves the following:

  • The sending of the order by the user determines the conclusion of the contract and gives the User the obligation to pay price, taxes and any additional charges and expenses, as specified on the order page.
  • In the event that the purchased Product requires an active contribution from the User, such as the provision of personal information or data, specifications or special requests, the forwarding of the order is also the obligation for the User to cooperate accordingly.
  • Once the order has been submitted, users will be sent a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.

prices

During the purchase process and before the order is forwarded, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.

Prices on InCORDE:

  • include all applicable fees, taxes and costs.

Promotions and discounts

The Data Controller may offer special discounts or promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions provided in the relevant section of InCORDE.

Promotions and offers are always granted at the sole discretion of the Owner.

Repeated or periodic promotions or discounts do not constitute any claim or right that users can apply to in the future.

Depending on the case, discounts and promotions apply for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are considered to refer to the time zone of the Owner's office, as indicated in the contact details in this document.

Good

Promotions and discounts can be offered in the form of Vouchers.

In case of violation of the conditions applicable to vouchers, the Data Controller may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to act in the appropriate judicial bodies in order to protect its rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers on the relevant information page or on the Voucher itself prevail in any case, regardless of the provisions below.

Unless otherwise specified, the following rules apply to the use of Vouchers:

  • Each Voucher is valid only if used in the manner and in the period of time specified on the website and/or voucher;
  • The Voucher can only be redeemed in full at the time of purchase – partial use is not allowed;
  • Unless otherwise specified, single-use vouchers can only be redeemed once per purchase and can therefore only be redeemed once even in the case of installment purchases;
  • Vouchers cannot be combined;
  • The Voucher must be used within the specified validity period. Once the deadline has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including reimbursement of the value of the Voucher, is excluded;
  • You are not entitled to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;
  • The Voucher is to be understood exclusively for non-commercial use. The reproduction, counterfeiting and marketing of the Voucher are strictly prohibited, as well as any illegal activity related to the purchase and/or use of the Voucher.

Means of payment

Details of accepted means of payment are highlighted during the purchase process.

Some means of payment are linked to additional conditions or incur additional costs. Detailed information can be found in the relevant section of InCORDE.

All payments are managed independently by third-party services. Therefore, InCORDE does not collect payment data – such as credit card numbers – but receives a notification once the payment is successful.

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees arising from the failed or rejected payment are borne by the User.

Installment payment

The purchase price may be paid in two or more instalments, within the terms specified on InCORDE or otherwise communicated by the Owner.Certain Products may be excluded from this payment method. In the event that the User is defaulting on only one of the payment instalments, the full amount due will be immediately due and payable.

Authorization for future payments via PayPal

In the event that you authorize the PayPal that allows future purchases, InCORDE will store an identification code linked to your PayPal's account. In this way, InCORDE will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.

The authorization can be revoked at any time by contacting the Data Controller or changing the personal settings of PayPal.

Reserve of ownership

Until you receive payment of the full purchase price from the Owner, you do not purchase ownership of the products ordered.

Contractual right of withdrawal

The Data Controller grants Users the contractual right to withdraw from the purchase contract according to the terms and conditions set out in the relevant section of InCORDE within 14 days of the conclusion of the contract.

delivery

Deliveries are made at the address indicated by the User and in the manner indicated in the order summary.

At the time of delivery, Users must verify the contents of the package and promptly report any anomalies to the contact details reported in this document or as described in the delivery note. Users may refuse to accept the package if visibly damaged.

Delivery may take place in the following countries or territories: AUSTRIA, BELGIUM, BULGARIA, CZECH REPUBLIC, DENMARK, ESTONIA, FINLAND, FRANCE, GERMANY, GREECE, HUNGARY, IRELAND, ITALY, LATVIA, LITHUANIA, LUXEMBOURG, MONACO, NETHERLANDS, POLAND, PORTUGAL, ROMANIA, SLOVAKIA, SLOVENIA, SWEDEN, UNITED KINGDOM.

Delivery times are indicated on InCORDE or during the purchase procedure.

Unless otherwise specified on InCORDE or agreed with you, the Products are delivered within thirty (30) days of purchase.

No delivery

The Data Controller is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damage or delays that occurred after delivery to the courier if the latter has been instructed by the User.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, any attempt at delivery from the second will be at the user's expense.

User rights

Right of withdrawal

Unless an exception is made, you may have the right to withdraw from the contract within the time limit specified below (usually 14 days) for any reason and without justification. You may find further information about your right of withdrawal in this section.

Those who have the right of withdrawal

If one of the exceptions listed below does not apply, Users acting as European Consumers have the right by law to withdraw from contracts concluded online (distance contracts) within the specified period of time later for any reason and without the need for justification.

Users who do not meet these requirements do not have the rights described in this section.

Exercise of the right of withdrawal

In order to exercise the right of withdrawal, the User must send the Data Controller an unequivocal communication of his intention to withdraw from the contract.

For this purpose, the User may use the standard withdrawal form available in the definitions section of this document. However, you are free to express your intention to withdraw from the contract in any other appropriate form. In order to respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.

When does the withdrawal period expire?

  • In case of purchase ofgoods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by them and other than the courier – takes possession of the goods.
  • In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single asset composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by him and other than the courier – takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Data Controller reimburses all payments received including, if made, those related to the costs of delivery to Users who have correctly exercised the right of withdrawal.

However, the higher cost deriving from the choice of a particular delivery method other than the cheapest standard delivery offered by the Data Controller, will remain at the user's expense.

The refund takes place without undue delay and in any case within 14 days from the day on which the Data Controller has been informed of the User's decision to withdraw from the contract. Unless otherwise agreed with you, the refund is made using the same means of payment used for the initial transaction. You must not incur any costs as a result of withdrawal.

... on contracts for the purchase of tangible goods

Unless the Data Controller has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by them to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.

The deadline shall be respected if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof that he has returned them.

The User is responsible for the decrease in the value of the goods resulting from a use of the goods other than that necessary to determine their nature, characteristics and operation.

The shipping costs of the return are borne by theUser.

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts:

  • supply of custom-made or clearly customized goods;

Legal guarantee of product compliance

According to European law, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the purchased goods have the promised or reasonably expected quality, functionality or characteristics for at least two years from the time of delivery to the buyer.

If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on InCORDE in accordance with the laws of the country in which they habitually reside.

The national laws of that country may grant such Users wider rights.

In particular, Consumers residing in France can exercise the rights to guarantee compliance within two years of delivery of the goods without having to produce proof of defect or lack of conformity. The period of time for which the Consumer is exempted from the production of the test is reduced to six months in the case of used goods.

By exercising the right of guarantee, the Consumer can choose between requesting the replacement or repair of the defective goods under the conditions specified in the Consumer Code French.

This legal guarantee of conformity is applicable regardless of any further commercial guarantee granted by the Data Controller.

The Consumer may also exercise the right of guarantee for hidden defects pursuant to the related provisions of the Civil Code French, choosing between withdrawal from purchase and price reduction.

Limitation of liability and maintenance

European users

Manleva, Man

You agree to maintain and keep unscathed the Data Controller and its subordinates, affiliates, officials, agents, brand owners, partners and employees of any claim or claim – including, without limitation, charges and legal fees – made by third parties due to or in connection with negligent conduct such as use or connection to the service, violation of these Terms, violation of third-party rights or laws by the User , its affiliates, officials, agents, brand owners, partners and employees, to the extent of the law.

Limitation of liability for your activities on InCORDE

Unless otherwise specified and without prejudice to the applicable legal provisions regarding liability for product damage, any claim for compensation against the Data Controller (or any natural or legal person acting on his behalf) is excluded.

The foregoing does not limit the Data Controller's liability for death, damage to the person or to physical or mental integrity, damages resulting from the violation of essential contractual obligations, such as the obligations strictly necessary to reach the cause of the contract, and/or damage caused by malicious conduct or gross negligence, provided that the use of InCORDE by the User has been appropriate and correct.

Unless the damage has been caused by malicious misconduct or gross negligence or affects life and/or personal, physical or mental integrity, the Controller shall be liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

In particular, within the limits mentioned above, the Data Controller assumes no responsibility with regard to:

  • any loss of earnings or other losses, even indirect, that you may have suffered (such as, but not limited to, commercial losses, loss of revenues, profits or budgeted savings, loss of contractual or commercial relationships, loss of goodwill or reputational damage, etc.);
  • damage or loss resulting from interruptions or malfunctions of InCORDE due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and out of the control of the Data Controller, such as, but not limited to, breakdowns or interruptions of telephone or power lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of products, services or applications of third parties;
  • any losses that are not a direct consequence of a violation of the Terms by the Data Controller;

Common provisions

No implicit waivers

Failure by the Data Controller to exercise legal rights or claims arising from these Terms does not constitute a waiver of the same. No waiver may be considered definitive in relation to a specific right or any other right.

Interruption of the Service

To ensure the best possible level of service, the Data Controller reserves the right to stop the Service for maintenance purposes, system updates or for any other modification, giving suitable news to users.

Within the limits of the law, the Data Controller reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Data Controller will ensure that Users can extract their Personal Data and information in accordance with the legal provisions.

In addition, the Service may not be available for reasons that escape reasonable control by the Data Controller, such as causes of force majeure (e.g. strikes, infrastructure malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit InCORDE or the Service in whole or in part without the prior written consent of the Data Controller, expressed directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in incorde's privacy policy.

intellectual property

Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to InCORDE, are held exclusively by the Data Controller or his licensors and are protected under the international laws and treaties applicable to intellectual property.

All trademarks – word or figurative – and any other distinctive signs, companies, service marks, illustrations, images or logos that appear in connection with InCORDE are and remain the exclusive property of the Owner or his licensors and are protected in accordance with the international laws and treaties applicable to intellectual property.

Changes to the Terms

The Data Controller reserves the right to modify the Terms at all times. In this case, the Data Controller will give appropriate news of the changes to users.

The changes will affect your relationship with you only for the future.

Continued use of the Service implies your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in the ability of each party to withdraw from the Agreement.

The applicable previous version continues to govern the report until you accept it. This version can be requested from the Data Controller.

Any change to these Terms will be communicated in writing at least one month before it becomes effective. If the Consumer does not accept the amended Terms, he will have the right to withdraw from the Agreement without prejudice and without any right of compensation within four months of the date on which the amendments to the Terms have become effective.

If required by applicable law, the Data Controller will determine the date by which the changes to the Terms will take effect.

Transfer of the contract

The Data Controller reserves the right to transfer, dispose of, renew or contract individuals or all rights and obligations under these Terms, taking into account the legitimate interests of users.

The provisions relating to the amendment of these Terms shall apply.

You are not authorized to assign or transfer your rights and obligations under the Terms without the Written Consent of the Data Controller.

Contacts

All communications related to the use of InCORDE must be sent to the contact details indicated in this document.

Safeguard clause

Should none of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not render ineffectiveness of the remaining provisions, which therefore remain valid and effective.

European users

Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavour to identify amicably a valid and effective provision to substitute for that void, invalid or ineffective. In the event of non-agreement within the aforementioned time limits, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal framework.

Without prejudice to the foreto, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the framework of the Agreement are essential or of such importance that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden on one of the parties.

Applicable law

The Terms are governed by the law of the place where the Data Controller is established, as indicated in the relevant section of this document regardless of the rules of conflict.

Exception for European Consumers

However, regardless of the foregoing, if you act as a European Consumer and have habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.

Competent forum

The exclusive jurisdiction to know any dispute arising from or in connection with the Terms rests with the court of the place where the Data Controller is established, as indicated in the relevant section of this document.

Exception for European Consumers

The above does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Uk consumers

Consumers based in England and Wales may take legal action in relation to these Terms in english and Welsh courts. Consumers based in Scotland may bring legal action in relation to these Terms in the Scottish or English courts. Consumers based in Northern Ireland may bring legal action in relation to these Terms in the courts of Northern Ireland or England.

Dispute resolution

Amicable settlement of disputes

Users may report any disputes to the Data Controller, who will try to resolve it amicably.

However unaffected the right of Users to take legal action, in case of disputes related to the use of InCORDE or the Service, Users are requested to contact the Data Controller at the contact details indicated in this document.

You may address a complaint to the e-mail address of the Data Controller indicated in this document, including a brief description and, where appropriate, the details of the order, purchase or account concerned.

The Data Controller will process the request without undue delay and within 3 days of its receipt.

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution that favors the out-of-court settlement of disputes related to and arising from online sales and service contracts.

Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.

Definitions and legal references

InCORDE (or this Application)

The structure that allows the provision of the Service.

agreement

Any legally binding or contractual relationship between the Data Controller and the User governed by the Terms.

good

Any digital or paper code or voucher that allows you to purchase the Product at a discounted price.

European (or Europe)

Defines a User who is physically present or has its registered office in the European Union, regardless of nationality.

Type withdrawal form

Addressed to:

InCORDE by Laura Mazzarelli Viale Libertà 114/c 20900 Monza (MB) Tel. 3760384218 P.IVA IT 11489440963 REA MB 2608094direzione@incorde.it
 

Hereily I/we note the withdrawal from my/our contract for the sale of the following goods/services:

_______________________________ (here is a description of the goods/services from which you intend to withdraw)

  • Ordered the: _____________________________________________ (enter date)
  • Received on: _________________________________ (enter date)
  • Consumer name(s):__________________________________________
  • Address of consumer(s):____________________________________________
  • Data: _____________________________________________

(sign only if this form is notified in paper form)

Owner (or We)

Indicates the natural or legal person who provides InCORDE and/or offers the Service to Users.

product

A good or service that can be purchased through InCORDE, such as a material asset, digital files, software, booking services, etc.

The sale of a Product may be part of the Service, as defined above.

service

The service offered through InCORDE as described in the Terms and on InCORDE.

Terms

All conditions applicable to the use of InCORDE and/or the provision of the Service as described in this document as well as any other document or agreement linked to it, in the most up-to-date version respectively.

User (or You)

Indicates any natural person using InCORDE.

consumer

Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his business, business, craft or professional activity.

Last modified: May 12, 2021

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