General conditions of service
Add plus by Altera Fabrica
1 – SERVICES AND CONCLUSION OF CONTRACTS.
These General Terms and Conditions of Service (‘GTCS’), with attached the additional terms and conditions contained in the Service Purchase Order (‘SPO’), rule the provision of the clients (‘Client/s) on the website https://www.addplus.it/ and related subdomains offered by Altera Fabrica Srls, with registered office in Cosenza, Via Giostra Vecchia (‘Altera Fabrica’), CF / P.IVA: 03301650788 (VAT: IT03301650788). The agreement between Altera Fabrica and the clients as regards with relating to the individual Services are will be deemed concluded and legally binding after Altera Fabrica have received the payment of the Fees for the above mentioned Services or after acknowledgment of payment receipt in case of deferred currency payments. In any case of between these General Terms and the SPO, these latter prevail.
2 – TIME AND RIGHT OF WITHDRAWAL.
These GTCS are open-ended, differently from the contract of the Service which has the term indicated in the SPO.
IMPORTANT NOTICE FOR CLIENT: the Client, that is the natural person requesting a service for purposes unrelated to his/her professional activity (‘Consumer’) will have the right to withdraw, without giving any reasons, from these GTCS and/or from the SPO within the fourteen working days following the conclusion of the relative contract, pursuant to and for the purposes of Article 52 of the Consumer Code. The right of withdrawal can be exercised by the Client, pursuant to Article 54 paragraph 1 of the Consumer Code, using the withdrawal form in Annex I, Part B of the Consumer Code or by submitting the form downloadable from the site https://www.addplus.it/, and by sending it to, before the deadline of the withdrawal period, by registered letter with acknowledgement of receipt, the following address: Altera Fabrica Srls, Viale Giacomo Mancini 24, 87100 Cosenza.
Information as regards with the right of withdrawal provided by Altera Fabrica to the clients can be seen at the bottom of this agreement. The burden of proof related to the exact exercise of the right of withdrawal, in accordance with the above mentioned procedure, has provided by the Client. After the correct exercise of withdrawal by the Customer, Altera Fabrica shall refund, pursuant to article 56 paragraph 1 of the Consumer Code, within and no later than the following 14 days, the same payments received by the Client, including, where incurred, delivery costs. Altera Fabrica will refund with the same means of payment used by the Client for the initial transaction, unless otherwise agreed with the Client and provided that the Client himself does not incur any more cost as a consequence of the different means of payment.
EXCEPTION TO THE RIGHT OF WITHDRAWAL.
In any case, it is understood that, with reference to the services provided, the right of withdrawal can never be exercised by the Client after the complete prevision of the service, as specified below, by Altera Fabrica if the prevision has started with the express consent of the Client and he has agreed to lose the right of withdrawal following the full execution of the service by Altera Fabrica. By way of example and non-exhaustive, the Client accepts that the start of the registration procedure, such as the activation of a user account to generate quick response codes, as well as any other service in which ‘addplus.it’ has proceeded to carry out the request to the several competent Authorities and/or to the third-party service provider, are equivalent to the ‘complete provision of the service’ pursuant to article 59, co.1, lett. a) of “D.Lgs 206/2005”. The complete text of the Consumer Code, updated with the amendments introduced by “D.Lgs 21/2014”, is available at http://www.altalex.com/index.php?idnot=66790. The Client agrees that the withdrawal from these GTCS will not be effective if a contractual relationship related to the SPO is pending between the Client and Altera Fabrica and whose contents in case of conflict prevail over the present general conditions of agreement. Therefore, if the Client intends to withdraw from these GTCS, he will also have previously or concurrently withdraw, where possible, from any existing SPO at the time of the notice of withdrawal.
3 – REQUEST FOR SERVICE ON BEHALF OF THIRD PARTIES.
In case the event of a request on behalf of third parties (end-user) by the Customer (or, for the purposes of this article, a Reseller) that offers, even free of charge, Altera Fabrica services, the Customer must comply with the following conditions: a) the Reseller undertakes that end-users approve and enforce the obligations set forth in these GTCS as well as those provided by the single SPO relating to the requested service, as well as to respect and enforce by their clients the different rules imposed by the Authorities where they are in force. For the registration request the Reseller undertakes to make know and to comply with the technical registration rules and procedures. Furthermore, the Reseller undertakes that the end-users know and comply with the obligations set forth in article 7 of this contract. However, the Reseller remains solely liable towards Altera Fabrica for the consequences referred to in article 7, with the burden for the Reseller to recoup his losses, where possible, against the final customer. b) the Reseller undertakes and guarantees from now that the final customers will stipulate a suitable contract in relation to each Service Purchase Order (SPO). The Customer declares and warrants from now that the orders will not violate these GTC and the SPO as well as third party rights. c) the Reseller undertakes to keep up to dated both its own data and those of the final customers, promptly informing Altera Fabrica of any possible update. d) the Reseller undertakes to ensure compliance with the laws on Privacy, to give information to the Customer and to get the relative consent to the data processing where required by law and also as regard with the information that the Reseller shall communicate to Altera Fabrica and to the specific Authorities in order to be able to provide the requested service. e) the Reseller undertakes to send to its customers any service communication that Altera Fabrica deems appropriate to communicate. The Reseller will be directly responsible towards the final customer, and towards Altera Fabrica, in the event of failure to promptly send the information as referred to in this paragraph. The Reseller guarantees that the purchases made on behalf of third parties, or in any case all the activities carried out by the Reseller on behalf of the final customers will be carried out only and exclusively following the assignment of the order by the final customer for the purchase of the service. The Reseller will be exclusively responsible, and he undertakes to relieve Altera Fabrica in this regard, for any consequence deriving from the unauthorized purchase of Altera Fabrica services and/or products. The Reseller takes all responsibility in relation to the Orders forwarded to Altera Fabrica and he undertakes to indemnify and to hold harmless Altera Fabrica from any third party claim related and, in any case, connected to the execution of the Contract and/or to the violation by the Reseller or by the Registrant of the obligations, declarations and guarantees referred to in this contract.
4 – ON A TRIAL BASIS OR FREE SERVICE.
Altera Fabrica reserves the right to offer the service, or part of it, in one of the following tariff plans for advertising purposes: “On a Trial Basis ” or “Free”. The offer mode with the related details will be available on the website https://www.addplus.it/.
At its discretion Altera Fabrica, at the time of registering for the service under test, could request to the customer credit card data as a payment method for the subscription service at the end of Test or Free period, unless otherwise specified. The credit card data will be stored for the management of subsequent payments by acquirer company regularly certified PCI-DSS that will carry out the service on behalf of Altera Fabrica. ON EXPIRY OF THE PERIOD ON A TRIAL BASIS, THEN THE SERVICE WILL BE INTENDED TO BE PURCHASED DEFINITELY BY THE CUSTOMER FOR THE PERIOD OF A YEAR, OR FOR THE DIFFERENT TERM SPECIFIED IN SPO RELATED TO THE SERVICE FOR THE CASES IN WHICH THE CUSTOMER, ON REQUEST BY ALTERA FABRICA, ISSUED TO THE ACT OF TESTING PURCHASE THE DATA OF OWN CREDIT CARD EXPRESSING THEIR INTEREST TO THE NEXT PURCHASE OF THE SERVICE AND IT HAS NOT EXPRESSED ITS OWN RETHINKING TO ALTERA FABRICA BEFORE EXPIRY OF THE PERIOD ON A TRIAL BASIS. In this case Altera Fabrica will proceed to the end of the Test period, through acquirer companies, to charge the amount provided for the purchase of the service on the Customer’s credit card. For the cases in which, instead, Altera Fabrica has not requested the credit card data from the Customer at the time of purchase, on a Trial basis or Free service will certainly be considered expired at the end of the test and the Customer will be able to buy the service itself, or another plan, once again expressing its consent in this regard. It is understood that in the case of acceptance of the service under test, the Customer shall always and in any case complt with the conditions laid down by the SPO.
When purchasing the service with a FREE plan, Altera Fabrica will offer the related service free of charge, with the restrictions in terms of functionality that will be made visible in the tariff plans available on the site https://www.addplus.it/. Altera Fabrica will not ask at the time of registration for the type of FREE plan both the data of the credit card and payment until to the possible upgrade that will be requested by the Customer. Upon termination of a service, both free or under test, the access to the Customer/User account will be inhibited; in such cases Altera Fabrica does not guarantee the functioning of the Quick Response (QR) code (s) eventually created with the service itself, reserving the possibility to perform a final write-off of the user, of QR codes and possibly also the relative contents and sharings after 30 (thirty) days from the expiry of the service where this latter has not been renewed by the Customer.
5 – REGISTRATION PROCEDURE – USER ID AND PASSWORD.
In completing the registration procedures for the Service, the Customer undertakes to follow the instructions specified on the website of https://www.addplus.it/, and subdomains, and to provide correctly and truthfully their personal data under their own responsibility. Without prejudice to the fact that the registration procedure for the Service shall be exclusively concluded by electronic means, with the Paypal platform payment or, if active, by Credit Card, the Customer, in the cases provided for in the service purchase order procedure, on the site https://www.addplus.it/ and subdomains, can choose to proceed with the payment by bank transfer using the data that are submitted during the processing of the same order. In this case the registration and activation procedure of the Service has concluded after have verified the payment that the Customer shall notify communicate as confirmation by sending the bank transfer receipt, complete with international CRO/TRN, to the email account email@example.com. The confirmation must be communicated to Altera Fabrica within a maximum of 5 calendar days, after which, without the confirmation, Altera Fabrica will be released from any commitment towards the Customer; Altera Fabrica reserves a period of 7 days from the sending of the confirmation for the verification of the effective payment of the service; the confirmation will in any case exempt Altera Fabrica from any liability regarding the data provided by the Customer. Where the Customer had, in any case, made the payment by bank transfer but he had not sent the payment confirmation in advance, Altera Fabrica will be able to activate the service, after verifying the effective receipt of payment, and the Customer shall write to the contact details or to contact form, published on the website https://www.addplus.it/.
In any way, the Customer undertakes to promptly inform Altera Fabrica of any its data change at any time submitted. If the Customer then submits inaccurate or incomplete data, Altera Fabrica will have the right to do not activate and/or suspend the service until the Customer removes such shortcomings. Altera Fabrica reserves the right to do so even in the case that the competent bodies (eg banks or credit card holders) challenge the payments made by the Customer. At the first request for activation of the Service by the Customer, Altera Fabrica will assign to him a Username (User name) and a Password both of his choice, according to the criteria specified during the registration. The Customer acknowledges that these Username and Passwords constitute the validation system for the Customer’s access to the Service. The Parties accept and agree that these Username and Passwords are the only means to identify the Customer when accessing to the Service. The Customer therefore accepts and agrees that all the acts performed by using the afore mentioned Username and Password will be attributed to him and they will have binding effect against him. The Customer accepts that he is the only one and exclusive responsible for the acts performed through his own Username and Password and undertakes to maintain secrecy and to keep them with due care and diligence and to do not provide them even temporarily to third parties. The Customer agrees that in no way can use the names “altera”, “fabrica”, “add”, “plus”, “augmented” for the definition of the user name (Username), either in a single form or in a composite and/or associated way; in case of breach of this principle Altera Fabrica has the right to suspend the service.
Anyhow the Customer agrees that the it and/or telematic recordings made by Altera Fabrica and/or its suppliers and providers may be objected before any competent Authority for evidence purposes in accordance with and for the effects Of these GTCS and that, in particular, trough them the Parties may establish adequate evidence on the existence of the reports and/or of the acts which could be subject of any dispute.
6 – SERVICES NATURE – FEES AND PAYMENTS.
The nature, the type and the duration of the Service provided by Altera Fabrica to the Customer is described in the SPO relating to the Service itself. The Prices of the Service as well as the terms and conditions for the payment of the charges are those established in the SPO or in the commercial offers available on the website (https://www.addplus.it/) or led on to the attention of the customer through official channels. All Fees, unless expressly specified, are to be understood in the currency indicated on the web site and excluding VAT, to be applied in addition according to the rules in force in the EU. The Customer has the right to choose between the various payment instruments authorized and activated from time to time by Altera Fabrica (Paypal, Credit Card, bank transfer), whose characteristics are available on the website https://www.addplus.it/ to the Payment Methods page. In case the Service is set up with automatic renewal mode, if active, and the customer has associated one of the payment methods indicated above, in particular it has associated a credit card, when required, or a PayPal account, he enables Altera Fabrica to carry out, for through the purchasing company the collection service for renewals using the same payment instrument indicated by the Customer at the time of purchase, unless an explicit change request is made directly by the Customer on his account control panel, when this latter is active. The Customer may at any time associate new payment instruments with those provided and modify own data; the Customer, to cancel the billing agreement with PayPal, must proceed by entering in the profile of own Paypal account and to follow the cancellation procedure from the appropriate page on own Paypal account. In the case of automatic renewal of services, the Customer expressly enables Altera Fabrica to charge the fees, through the company acquirers, for the Services on a periodic basis, based on the renewal times envisaged for the service and/or on the basis of customer requests. The Customer hereby guarantees the availability of the payment of amounts due. After the online payment has been executed and completed, Altera Fabrica may send a copy of the electronic payment invoice to the specified address in the registry or alternatively in a dedicated section of the account registered by the customer. For renewal services, including automatic ones, the Customer accepts that it will be applied the published list price and in force at the time of renewal; in the same way, if the period of plan validity is extended with the purchase of more than one year, it will be applied the published price list, without prejudice to any promotions that Altera Fabrica will be free to apply at its sole discretion The Customer will be liable for the payment of all the tax burden arising from the use of the service. In the case of late payment, Altera Fabrica has the right to suspend the provision of the Service, pursuant to and for the purposes of article 1460 cod. Civ., and the Client, without formal notice, will be obliged to pay default interest equal to the legal interest rate plus 5 percentage points, without prejudice to Altera Fabrica’s right to obtain compensation for any greatest damage. Altera Fabrica reserves the right, where this is not already mandatory, subjecting it to prior comunication through ADS on the web site https://www.addplus.it/, to send invoices in electronic way, in law terms, either at the e-mail address provided at the time of purchase or in the appropriate section of own personal account. It will therefore be the exclusive responsibility of the Customer to inform Altera Fabrica of any change to the notified e-mail address as well as to the PEC or to the recipient code for electronic billing.
7 – GTCS AND/OR SPO AMENDMENTS.
Altera Fabrica reserves the right to modify at any time these GTCS as well as the terms and conditions of the SPO, with e-mail communication or with notification to the Customer account with at least 30 days’ notice, if the following reasons are: 1) changes in the technical/ economic/contractual conditions imposed by third parties (including but not limited to, suppliers and business partners) and/or arising from the entry into force of new legislative or regulatory provisions, or from the amendments of existing provisions; 3) need to maintain an adequate level of service; 4) to ensure adequate safety standards of the platform; 5) entry into force of new legal provisions; 6) or because of a substantial change to the sales methods of the service. The Customer agrees that this communication may also be carried out through General Notices to Users published on the website https://www.addplus.it/.
In the case of changes that result in a significant reduction of the provided service, or an increase of the sales fees services, the Customer will have the right to withdraw from the SPO or from the applicable GTCS, by sending to Altera Fabrica a notice by Registered Letter attested by an acknowledgment of receipt at the address Altera Fabrica Srls, Viale Giacomo Mancini 24, 87100 Cosenza, within 30-day deadline referred to in the previous paragraph of this article, in case of this latter term has not complied with by the customer the changes will be deemed accepted by the Customer and they will be fully binding on him.
8 – USE OF THE SERVICES AND CUSTOMERS LIABILITIES.
The Customer undertakes to use the Service with the due diligence, complying with the rules of use and term specified in the SPO and in such a way as to not compromise, the stability, security and quality of the Service. Particularly in serious and urgent cases Altera Fabrica reserves the right to suspend or interrupt the provision of the Service even without prior notification to the Customer if it finds, in its unquestionable judgment and/or following a third party report, indices showing that the procedures of use of the Service by the Customer, or by other subjects authorized by the Customer, may, directly or indirectly, cause damage to Altera Fabrica and/or to third parties and/or to compromise the stability, security and quality of the offered Service, without prejudice to Altera Fabrica’s right to request a compensation for damage. The Customer also undertakes to do not use the Service for unlawful purposes and to do not infringe in any way all the national and international in force and applicable norms and regulations. In particular, the Customer undertakes to do not enter and/or share, and to do not allow third parties to enter and/or share content that violates privacy, copyright and intellectual property, or pornographic, blasphemous, offensive, or that may in any way to harm or to endanger the image of third parties and/or of Altera Fabrica. Furthermore, the Customer undertakes not to carry out hacking acts through his Internet access. The Customer guarantees that he will not spam, or send, by e-mail or with the sharing instruments, unauthorized communications, unrequested and/or unsolicited by the recipients. Altera Fabrica reminds that this practice is prohibited by the privacy law, D.L. n.196/03 and after amendments. In accordance with the foregoing, Altera Fabrica reserves the right to suspend the Service if, at its sole discretion or through third party reporting, it deems that the Customer performs activities that violate the obligations set forth in this contract. In this case, the Customer, following a report also by e-mail from Altera Fabrica, must immediately remove the causes of the dispute or provide appropriate documentation proving full compliance with the current legislation of the activity he performs and he is solely responsible towards the other users and no-users of the service.
Without an immediate reply, Altera Fabrica will have the right to terminate the contract immediately without prejudice to the right to full payment of the fee and Altera Fabrica’s right to act for the full compensation of any suffered damage. The Customer acknowledges to be the sole and exclusive responsible for the activities carried out through the Service or directly or indirectly referable to him, even if the Customer has signed the SPO on behalf of third parties authorized by him to use the Service, and in particular to be responsible for the contents and communications entered, published, disseminated, shared and transmitted on or through the Service. Therefore Altera Fabrica cannot be held responsible in any way for criminal, civil and administrative wrongful acts committed by the Customer through the Service. The Customer undertakes to indemnify and, in any case, to hold Altera Fabrica harmless from any action, instance, claim, cost or expense, including attorney’fees, possibly arising from the failure by the Customer or Customers to comply with assumed obligations and given guarantees with the acceptance of these GTCS and/or of the SPO and in any case connected to the use of the Service by the Customer or Customers.
9 – COMMUNICATIONS BETWEEN THE PARTIES.
Except where expressly provided for in a different sense, Altera Fabrica and the Customer accepts and agrees on the use of electronic mail for sending the required notices or those to be made pursuant to these GTCS and/or to the SPO. The notices will be sent by Altera Fabrica to the specified address by the Customer and this latter will undertake to update the afore mentioned address in case of changes and to check it on a daily basis to be promptly informed of notifications sent to his attention.
10 – INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS.
Altera Fabrica is the sole holder of the intellectual property rights and of economic exploitation related to inventions and programs (including software, documentation and written programs, studies, codes, etc.) and to whatever else has been prepared, realized, developed according to the Service purchased through the SPO by the Customer, to whom only a limited and non-transferable right of use is granted.
11 – LIMITATIONS OF LIABILITY OF ALTERA FABRICA.
Altera Fabrica undertakes to use the best technology at its disposal and the best resources at its disposal to provide the Service object of the SPO. The Customer accepts and agrees that Altera Fabrica will in no case be held responsible for delays or malfunctions in the performance of the Service arising from events beyond the reasonable control of Altera Fabrica such as, by way of example: (i) events of force majeure; (ii) events arising from third parties such as, by way of example only, the break or malfunction of the services of the telecommunications operators, server operators and/or power lines, etc.;
(iii) malfunctioning of the terminals or other communication systems used by the Customer; (iiii) maintenance deemed necessary (iiiii) use of outdated browsers. In case of Service break due to causes arising from Altera Fabrica, also due to maintenance and/or updates, this latter undertakes to restore it in the shortest possible time. Furthermore, the Customer accepts and agrees that Altera Fabrica will in no case be held liable for acts or omissions committed by third parties and by the Customer and in violation of the obligations assumed by theme according to the present GTCS or SPO, as well as can not be held responsible for malfunctions due to defects in the essential means to access, to improper use of the same and/or methods of access to the service by the Customer or by third parties. Altera Fabrica can not in no case be held liable with respect to Customer or to third parties neither for loss of profit, loss of income, nor for any other form of profit loss or indirect and consequential damage connected with the execution of these GCS or the SPO.
12 – EXPRESS TERMINATION CLAUSE.
Altera Fabrica may terminate these GTCS and the SPO, pursuant to and for the purposes of article 1456 CIVIL CODE, in the case of failure by the Customer to comply with the provisions of articles 4, 5, and 7 of these GTCS, and without prejudice to the rights of Altera Fabrica to the payment of the fees accrued in its favor on the date of termination and to the compensation for damages. Further resolution of these GTCS and SPO may be set in the case of service termination by the will of Altera Fabrica and which it does not refer to the cases of withdrawal listed in the previous paragraphs of this agreement. In this case the Customer agrees that he will be paid back the payment previously incurred for the subscription service and in progress at the time of termination, without any additional surcharge. It is reiterated that in no way Alter Fabrica will be held liable in respect to the Customer or to any third party for loss of profit, loss of income, or any other form of profit and for indirect and consequential damages connected with the cessation of Service.
13 – APPLICABLE LAW AND JURISDICTION.
This Agreement is governed by Italian laws. For any dispute concerning or arising from this Agreement or its execution, the Court of Cosenza will be exclusively competent. In the case of a contract signed by a Consumer, the Court of domicile or residence of the Customer will be competent. The Customer is informed that as an alternative to the legal dispute, both the Customer and Altera Fabrica will be able to avail themselves of the alternative online dispute resolution by submitting a complaint through the platform established with EU Regulation 524/2013 of 21 May 2013, which can be reached at the following address: http://ec.europa.eu/consumers/odr (“ODR Platform”). The complaint must be accompanied by the information required by the ODR Platform and the Customer and Altera Fabrica must be agreed on the dispute resolution body (“ADR Body”) to whom the alternative dispute resolution is to be transferred, otherwise the dispute cannot be resolved. The dispute must be completed within 90 days from the time the ADR Body receives the complete file from the ODR Platform, except in the event that the ADR Body, for particularly complex matters, deems to extend, at its discretion, the deadline of 90 calendar days. The decision of the ADR Body will be binding between the Parties and cannot be challenged if both the Customer and Altera Fabrica will provide their specific assent in this direction when they express their will to make use of this alternative resolution tool of the dispute. The procedural rules and the costs of the procedure will be communicated by the ADR Body. Restrictive covenant of the general conditions of service: pursuant to and for the purposes of articles 1341 and 1342 CIVIL CODE, I declare that I have read carefully and I specifically approve the following clauses of the GTCS: (i) article 2, Term and Right of Withdrawal; (ii) article 3, Request of the service on behalf of third parties (iii) article 7, GTCS and/or SPO amendments; (iv) article 8, Use of the Services and liabilities of the customers; (v) article 11, Limitations of the Liability of Altera Fabrica; (vi) article 12, Expressed Resolution Clause; (vii) article 13, Applicable Law and Jurisdiction.
RELEVANT INFORMATION FOR CONSUMERS PURSUANT TO ARTICLE 49 OF THE CONSUMER CODE.
The present important Information applies to the category of “Consumers”, as defined in article 3, paragraph 1, lett. a) of Legislative Decree 206/2005 and it represents forms an integral part of the General Conditions of Service applied by Altera Fabrica and of the Purchase Order of the Service relating to the service purchased at a distance or away from business premises. The Customer/Consumer is informed of the following:
a) Who is Altera Fabrica: Altera Fabrica Srls is a company that offers integrated engineering design services, based in Cosenza, Via Giostra Vecchia, REA number: CS – 225574, VAT: IT03301650788, telephone number: 0984-209367, PEC: firstname.lastname@example.org, company contact e-mail address: email@example.com.
Any complaints by surface mail can be sent to Altera Fabrica SRLS, Viale Giacomo Mancini 24, 87100 Cosenza;
b) Offered Service: the service offered by Altera Fabrica called “Add plus – Augmented data document” allows the creation and the application of dynamic and multi-dynamic QR codes, designed for more effective document management in pdf format. The features of the service are visible and easily accessible from the home page of the site https://www.addplus.it/. To use the browser correctly you need to use a browser that is currently updated;;
c) c) Price of the service: the total prices of the service are easily accessible within the area dedicated to the prices of the site https://www.addplus.it/; unless otherwise specified, VAT is to be considered excluded, which shall be calculated in addition to the charge advertised according to the rules in force. Vat value is shown on the Service Purchase Order itemized list when the purchase procedure is activated;
d) Payment methods: the payment methods for purchasing the Altera Fabrica service are indicated in the Service Purchase Order. Generally Altera Fabrica accepts the following payment methods, unless otherwise specified or due to the suspension of one or more ways: 1) PayPal, 2) Credit card and prepaid cards, 3) Bank transfer;
e) Execution of the service: the execution of the service by Altera Fabrica starts from the payment made by the Customer and the consequent verification of receipt by Altera Fabrica, according to the methods specified in this GTCS and it is concluded within the terms specified in the illustrative part of the service, as mentioned above, easily accessible from the home page, as well as in the Service Purchase Order;
f) Complaints: Customers’ complaints, which can be sent to Altera Fabrica by surface mail by registered letter attested by an acknowledgment of receipt to Viale Giacomo Mancini 24, 87100 Cosenza, are handled by Altera Fabrica according to the order of arrival, except for more serious cases that are managed with precedence than others. In any case, Altera Fabrica offers the maximum support to its Customers and on average it replies to complaints within 7 working days from their receipt by e-mail;
g) Right of withdrawal: the Customer, a natural person who requests the provision of a service for purposes unrelated to his professional activity (‘Consumer’), will have the right to withdraw freely without giving any reasons, from the General Terms and Conditions of Service and from the Order of Purchase of the Service within the fourteen working days following the conclusion of the relative contract, pursuant to and for the purposes of article 52 of the Consumer Code. The withdrawal can be exercised by the Customer, pursuant to article 54 paragraph 1 of the Consumer Code, using the withdrawal form in Annex I, Part B of the Consumer Code or by submitting the withdrawal form available on the website https://www.addplus.it/, sending it, by registered letter attested by an acknowledgment of receipt, to Altera Fabrica Srls, Viale Giacomo Mancini 24, 87100 Cosenza, before the deadline of the withdrawal period. the customer has the burden of proof relating to the correct exercise of the right of withdrawal, in accordance with the procedure above specified. Following the correct exercise of withdrawal by the Customer, Altera Fabrica will, pursuant to article 56 paragraph 1 of the Consumer Code, within and no later than the following 14 days, to reimburse to the customer the payments received from him by definitively disconnecting the account eventually created by the customer for the service whose withdrawal was requested within the law terms. Altera Fabrica will execute the reimbursement using the same payment method used by the Customer for the initial transaction, unless otherwise expressly agreed with the Customer and provided that the Customer does not have to incur any costs as a result of using the different means of payment. Exceptions to the right of withdrawal: the right of withdrawal cannot be exercised by the Customer after the complete provision of the service, as specified below, by Altera Fabrica if the provision itself has begun with the express agreement of the Customer and this latter has accepted to lose the right of withdrawal following the full execution of the service by Altera Fabrica. By way of example only, the Customer accepts that the initiation of the procedure for creating more than one qr code is equivalent to ‘complete provision of the service’ pursuant to article 59, paragraph 1, lett. a) of Legislative Decree 206/2005;
h) h) After-sales assistance: the after-sales assistance service is provided through the contact form on the website https://www.addplus.it/ . This service does not imply any obligation to support the Customer for specifications of the services offered having clear the user that this is addressed mainly to professionals already aware of related services or similar;
i) term of the general contract conditions and of the service purchase order: The Purchase Order of the Service forms an integral and substantial part of the General Contract Conditions and it rules the terms and conditions of the service purchased by the Customer, while the Conditions General Contracts govern the relationship between Altera Fabrica and the Customer. The General Contract Conditions are for an indefinite period, while the Purchase Order for the Service has a term of one year and it can be renewed tacitly (automatic mode) or express (manual mode). The tacit renewal, if applicable, may be specified by the Customer which can modify from his control panel the mode of renewal from automatic to manual up to 20 days before the date for renewal and from manual to automatic up to 30 days before the date for renewal. Before the deadline of the service an email will be sent with all the necessary information to manage the renewal. The termination of the Purchase Order for the Service, for any reason, also involves the termination of the General Contract Conditions. It is not possible to withdraw from the Purchase Order of the Service if the contract has been tacitly renewed and the Customer in this case must await the deadline of the contract. the customer has invited, if he has chosen the mode of automatic renewal and then he intends to terminate the contract, to pay the utmost attention and to change from his control panel the automatic renewal mode to Manual renewal, when activated, so that at the deadline the contract it will cease to produce effects between Altera Fabrica and the Customer;
l) Deposits or other financial guarantees: generally, no deposits or other financial guarantees are required from the Client. Should the need arise to proceed with such requests, Altera Fabrica will promptly inform the Customer with notices on the site or by e-mail.
These conditions have been updated on 01 March 2019.
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