Terms of sale
ARTICLE 1 – DEFINITIONS
In these general terms and conditions (the “General Terms”), the terms not otherwise defined herein shall have the meanings ascribed below:
“Customer” means any person, who has or not ended the registration process, who navigates within the site, including one who acts as a Registered Customer, whether Consumer Customer or Professional Client.
“Consumer Customer ” means a person acting for purposes unrelated to their entrepreneurial, commercial, craft or profession, as defined under Article 3, letter. a) Of the Consumer Code.
“Professional Client” means any person acting in the course of his business, commercial, craft or profession or an intermediary, as defined under Article 3, letter. c) of the Consumer Code.
“Registered Customer” means the person who has successfully completed the registration process to the Site, who chose the nickname and password in order to access, among others, the special section reserved for Registered Customers. The Registered Customer has the right to navigate the site and to use all the Services at any time available on the Site…
“Consumer Code” means the Legislative Decree no. 6 September 2005, n. 206, also as subsequently amended.
“Content” means all information, videos, images, sounds, music, photographs, software, newsletters (bearing useful information targeted to the use of the Service and to be understood, as, an integral part of this) animation, databases, design and content, trademarks, logos, or technical solutions, the graphic design, the look & feel, texture, and every other part already made or to be made, whether registered or not, covered or not or legally protected by copyright, published on the Site, or any other material (in any form) or service being made available through the Site or by ORF Ltd. for their Clients, including the information sheets relating to products or services, images or descriptions of products or services as well as trademarks or logos of third parties who are manufacturers or suppliers of products or services.
“Agreement” means, collectively, the present General Conditions of Sale (including any document mentioned in these General Conditions), any additional conditions published on the Site, the additional rules, guidelines, codes of conduct and / or instructions on the information sheets of the individual products or, in any case, published on the Site as well as any registration form or Purchase Order issued by the Customer and accepted by ORF Ltd.
“Business Day” means any calendar day except Saturday, Sunday and public holidays.
“MagneticDays” means the online store, posted on the site, called “MagneticDays” and managed by ORF s.r.l…
“Purchase Order” means an order for the purchase of one or more products and / or services listed on the site as “available” issued by the Customer pursuant to the purchase procedure referred to in Article 4 below.
“Mixed Order” means the purchase proposal issued by the Customer, subject to having two or more products of which at least one is indicated in the fact sheet as “available”, and at least one other as “orderable after checking availability”.
“Purchase Proposal” means the proposal relates to (i) the purchase of one or more products and / or services listed on the site as “ordered after checking availability” or (ii) a Mixed Order, sent by the Customer in accordance with the purchase procedure referred to in Article 4 below.
“Product” means any product offered for sale on the Site www.magneticdays.com.
“Service” means any service made available on the www.magneticdays.com Web Site, including -without any limit- services provided by ORF LTD according to customer requirements, and related to the sale of products, such as -for example- a delivery service.
ARTICLE 2 – CONTENT
2.1 The Agreement contains the terms and conditions regulating:
(1) The sale of Products and provision of Services purchased by the Customer through the Site; and
(2) Navigation on the site by the Customer and the use of all the features available to the same customer through the Site.
2.2 Any purchase of products or services by (A) a Customer, acting as a consumer customer, will be governed not only by the Agreement, including the provisions of the Consumer Code and Legislative Decree. N. 70/2003, as applicable; and (B) a Customer, acting as a Professional Client, shall be exclusively governed by this Agreement, in addition to the provisions of the Civil Code, so far as not provided here.
ARTICLE 3 – REGISTRATION TO THE SITE AND ACCEPTANCE OF THE GENERAL CONDITIONS
3.1 The customer who intends to act as a Registered Customer must complete the registration process on the Site by providing information and personal data required and specify an email address (or choose a “username”, in the case of successful registration before 24 November 2012) for login and a “password”, as required in the relevant section of the Website. ORF Ltd. will send an e-mail confirming the registration to the email address provided by the customer during the registration process.
3.2 The Registered Customer is required to read these General Conditions and, also, the terms and conditions of the Contract which can be displayed and printed in the course of the registration process including access to pop-up or hypertext link; the customer is required to accept these terms and conditions by clicking in the box labelled “I accept the terms and conditions of use”.
3.3 The Customer expressly authorizes ORF srl to send to his e-mail address, also through links to the relevant pages of the Website, this Agreement, including the General Conditions, any special conditions, as well as all communications related to the execution of this Agreement. The Customer acknowledges that this Agreement, including its General Conditions, any special conditions and all its alterations from time to time in force, can be printed or downloaded by the Customer.
ARTICLE 4 – PURCHASE ORDER, THE CONCLUSION OF THE AGREEMENT, ORDER STATUS
4.1 Customer purchasing process
The customer can buy the products and services on the Site as described in the relevant information sheets.
Indicated on the information sheet of each product is:
– “Available” means that the product is physically present in the ORF S.r.l stock … The customer may purchase a product indicated in the fact sheet as “available” by sending the relevant Purchase Order.
– “Ordered after checking availability” means that the product is not physically present in the central warehouse of ORF S.r.l… The customer may purchase a product indicated in the information sheet as “orderable after checking availability” by sending a Proposal for Purchase, which is considered accepted only in case of successful verification of the availability of the Product and that ORF srl notifies the customer via email within 3 working days of receipt of the Purchase Proposal.
Additional information that is clearly indicated in the information document includes the main characteristics of products and services, the total price inclusive of taxes and delivery charges.
The Agreement must be examined by the customer before making any Purchase Order or any Proposal for Purchase of Products or Services. Subject to the provisions in art. 3 for the case of Registered Customers, sending a Purchase Order or a Purchase Proposal the Customer implies full knowledge and acceptance of these General Terms and the Contract in general.
Purchase Orders and Purchase Proposals must be compiled in the electronic form available in the special section of the site, and should be sent via the same site, in the manner indicated therein.
The Purchase Order shall be binding for ORF srl only if the entire purchase procedure has been completed regularly and correctly, without any highlighting of error messages on the site as well as, in case the customer has chosen home delivery, control over the regularity of payments made by Credit Card and Paypal is carried out by ORF srl within 48 hours of receipt of the order placed by the customer. Customer, namely:
(i) authorization of the payment by the banking system, in the case of payment by credit card or PayPal.
Control over the regularity of payments made by Credit Card and Paypal is carried out by ORF srl within 48 hours of receipt of the order placed by the customer.
The Proposal of Purchase shall be deemed properly sent by the customer only if the whole procedure is completed regularly and correctly, without any highlighting of error messages on the site. However, it remains that:
(I) the Proposed Purchase shall be deemed accepted, by ORF Srl, only in case of successful verification of the availability of the Product indicated in the sheet with “orderable after checking availability”;
(Ii) the Purchase Proposal regarding the case of a Mixed Order, be deemed accepted, by ORF Srl, only in the case of successful verification of the availability of those products listed in the sheet as “orderable after checking availability”.
In both cases ORF S.r.l. will communicate to the customer the outcome of the availability. In case of failure to notify, it must be considered as a non-acceptance of the purchase proposal which will be cancelled.
Payment both through PayPal and with a credit card is immediate upon conclusion of the order.
4.2.1 Confirmation of receipt of the Purchase Order
After submitting a Purchase Order, the customer will receive a confirmation e-mail receipt indicating the ID number.
In the event that the payment method chosen by the customer is by credit card, at the time of conclusion of the order there will be no debit of the amount, but only a deposit block for the amount necessary to cover the purchase. The actual charge for the purchase of the product will occur at the time of shipment of the product / s. In the event that the payment method chosen by the customer is a Paypal account, the amount for the purchase of the product will be charged at the time the purchase is concluded.
After submitting a Proposal for Purchase (also for a Mixed Order), the customer will receive an e-mail which will be an acknowledgement of receipt of the same Purchase Proposal, indicating its identification number.
Within 3 days of receiving this email, ORF srl will inform the Customer of the outcome of the availability. It is specified that in the case of a Mixed Order, until the successful confirmation of availability of the products reported in the fact sheet as “orderable after checking availability”, the whole Purchase Proposal will remain pending.
Positive outcome of the availability
On the positive outcome of the availability of the product, the customer will receive an e-mail from ORF srl by which they will communicate to the customer that the products are available and the purchase proposal has been accepted.
Negative outcome of the availability
On the negative outcome of the availability of the product, the customer will receive an e-mail from ORF srl by which they will communicate to the customer that the products are not available and the purchase proposal was not accepted. This e-mail address, therefore, indicate that the Purchase Proposal was cancelled.
In the event that the payment method chosen by the customer is by credit card or Paypal, the amount will be reimbursed respectively on the two payment circuits on schedule.
4.3 Conclusion of the Contract
In the event of a product specified in the relevant fact sheet as “available”, the Contract is concluded at the time of receipt by the customer of the confirmation of receipt of the Order transmitted via email.
In the event of a product specified in the relevant fact sheet as “orderable after checking availability”, the Contract shall be concluded at the time of receipt by the customer of the confirmation of the positive outcome of the availability of the product, after the positive verification of the payment for the order by the Customer and the acceptance of the Proposed Purchase transmitted via e-mail.
For a Mixed Order, the Contract shall be concluded at the time of receipt by the customer of the confirmation of the success of the product availability marked “ordered after checking availability” and, therefore, acceptance of the Purchase Proposal transmitted by email.
Considering all of the above, the Customer acknowledges and agrees that:
(1) in the event that the Contract made as above provides for the delivery of the product at home (at an address provided by the customer) selected by the Customer in the Purchase Order, the same contract will be concluded by the Customer with ORF Srl, whom, therefore, will act as the seller of the Product supplied (as well as provider of any Services purchased by the Customer);
(2) on the contrary, in the event that the Contract made as above provides for the delivery of the purchased product from an Affiliated retail outlet as selected by the Customer in the Purchase Order, the same agreement will be concluded by the Client directly with the Affiliated retail point, that, therefore, will act as a seller of the Product supplied (as well as provider of any Services purchased by the Customer.
Updates on the state of the Order
ORF srl reserves the right to provide the Customer updates on the status of the execution of any contract concluded pursuant to art. 4.3.
(1) In the case of contracts with the home delivery of the purchased products (at an address indicated by the Customer) ORF srl will proceed to confirm the following statuses of the Purchase Order:
– SENT, intending thereby that all products related to the Purchase Order have been shipped to the indicated address. The order details show the waybill number for all orders and a link which opens the carrier’s website with information about the delivery.
Shipment with Amati was
Shipping status with Fast East
– PARTIALLY SHIPPED, intending thereby that when the Purchase Proposal consists of more items, at least 1 (one) of these products has been already sent (specifying which product has been shipped); ORF S.r.l., in fact, may ship the products from different stores and, therefore, at different times.
ARTICLE 5 – PRODUCT FEATURES
5.1 Products on special offer
Any purchase by the customer of the products published in the special section “offer” or expressly designated as “limited offer” (or synonyms) is subject to a daily purchase limit of one article per customer per day.
For some special offers consult the rules stated on the site.
The prices of the products posted on the website include VAT but do not include any charges for services that may be requested by the Customer.
Purchases of products, as shown and described on the online Site on the technical sheets, as well as the Services are made by the customer at the price in force at the time of transmission of the Purchase Order or the Purchase Proposal, this price will, however, be displayed on the Site as well as on the Purchase Order or the Purchase Proposal.
Notwithstanding the above, ORF srl reserves the right to modify at any time, at its sole discretion and without notice, the price of the Products and Services on the Site, without giving thus no assurances regarding the fact that the sales price of the Products or services remain available on the Website or unchanged for a certain period of time. On the contrary, and explicitly, any price in effect at the time of receipt by ORF srl of a Purchase Order or a Purchase Proposal shall remain unchanged and unchangeable between the parties.
5.3 Product Description
The Data sheets of products on the site (and, therefore, the description of the functions and features of each product) are compiled directly by the manufacturer.
The images and photos used to illustrate each descriptive sheet of the Products are merely indicative and cannot be fully representative of the characteristics of the product itself, this could differ in colour, size or accessories not shown in the images and the photographs used as illustrations.
ARTICLE 6 – PAYMENT METHODS
6.1 Payment in the case of home delivery
The Customer that decides to receive the Product by home delivery may make payment, either by, (1) Credit card BANK TRANSFER, (2) PayPal.
6.4 Payment options
(1) Bank Transfer in Advance.
The payment by bank transfer is subject to limits from time to time as indicated in the purchase process that the client must follow to place the order. If paying by bank transfer, the execution of the delivery of the order to the customer will remain pending until the due sum is credited in the ORF SRL bank account. The transfer must be made by the customer within three working days from the receipt of the order acknowledgment email and the customer must provide proof of the transfer order by sending a copy to ORF SRL – By email to [email protected] – within three working days from the receipt of the e-mail which proves acknowledgment of the order. The sum transferred to ORF S.R.L. must take place within eight working days from the receipt of the email which proves acknowledgment of the order. If any one of the three terms mentioned above is not complied to, the order is automatically cancelled, and will not be processed. The payment description on the bank transfer must show:
Name and surname or company name of who places the order;
ii) order reference number;
iii) date of the order.
11. Payment by the PayPal ®. service
The payment made through PayPal ® is subject to limits from time to time as specified in the purchase process that the client must follow for placing the order. This payment system calls for the customer to open an account with PayPal® and acceptance of the relevant service rules. ORF S.R.L. only accepts payments from customers registered on the Italian PayPal® site. The order total will be charged to the customer’s Paypal® account after confirmation of the order by ORF S.R.L . The delivery of the purchased product will be subsequent to the credit confirmation of the purchase price in the MagneticDays PayPal®. Account. Any refunds to the Customer will be carried out by ORF S.R.L. always into the PayPal® account in the manner provided by the PayPal® service. For each transaction made PayPal® will send an email confirmation.
ARTICLE 7 – DELIVERY OF THE PRODUCTS
7.1 In general
ORF srl delivers Products exclusively on Italian territory.
The Customer (whether a Registered Customer or Visitor) may not reside in Italy but must, however, specify in the Purchase Order or the Purchase Proposal an address for delivery of the products on Italian territory.
The purchased products will be delivered:
– the address indicated by the Customer on the Purchase Order or the on Purchase Proposal;
7.2 home delivery
Delivery times and stock
The products referred to as “available” are delivered within the approximate and non-binding term specified in the relevant product data sheet and in the email confirmation of the Purchase Order and in any event no later than 10 (ten) Working Days from the transmission of the Purchase Order receipt confirmation e-mail as in previous art. 4.2.1.
For products referred to as “ordered after checking availability”, and in the case of a Mixed Order, the approximate delivery time will be stated in the Purchase Proposal e confirmation-mail, after ORF srl has verified the availability of those products referred to as “available after checking availability.” In any case, pursuant to art. 61, paragraph 1 of the Consumer Code, ORF srl will deliver within and not later than thirty days from the day following that on which the customer has sent the Purchase Order to ORF S.r.l.
In the event that the Products are not delivered within the terms mentioned in the paragraphs above, ORF srl will contact the Customer, within 2 (two) business days providing information about the status of the shipment, the Client retains to the right to obtain reimbursement and the additional rights provided by art. 61, paragraphs 3-7 of the Consumer Code.
In the case of purchase of more products of different types, ORF srl reserves the right to deliver individual products with different times and deliveries. This choice by ORF srl will not incur any increase in costs to the Customer. The Customer is required to verify, upon receipt of the products ordered:
(a) if the number of packages delivered corresponds to that indicated on the transport document;
(b) if the packaging is intact;
(c) if the product was delivered as in accordance with the Purchase Order or the Purchase Proposal.
The customer must sign the delivery note indicating ” integrity of the products subject to checking “; if this does not occur, the customer cannot then claim the external non-compliance of the product and that its quantity is other than that ordered.
The invoice for purchases of products (and related services), with home delivery can be downloaded by the Registered Customer directly online in the customer’s profile.
The Guest Client can download the invoice by inputting, in the section called ‘Order Status’, the order number and e-mail.
No change in the bill will be possible after it has been issued.
In every case, the invoices will be issued by ORF srl upon shipment of the products.
Shipment. The cost for shipping must be added to the price of the product purchased by the customer for delivery if it is requested. This amount is calculated automatically by the ORF srl system that takes into account, among other things, the weight and size of products, but without any distinction related to the place of delivery on Italian territory. This amount will be stated on the Purchase Order and the Purchase Proposal before its submission by the Customer.
ARTICLE 8 – LEGAL COMPLIANCE GUARANTEE
All products purchased through the website www.magneticdays.com satisfy the legal conformity guarantee as per the Consumer Code and the Civil Code, as applicable.
For each product purchased by a Professional customer (i.e. a person or legal person acting in the course of his business, commerce, craft or profession, or as an intermediary) the latter benefits of the guarantee for defects of the product sold as in art. 1490 et seq. commercial code .; the Professional Customer Action has time to enforce the guarantee against defects for the prescribed course of one (1) year after delivery of the product purchased and the related defects must be reported according to the terms of art.1495 c.c.
For each product purchased by a consumer customer, the latter will benefit from a free legal guarantee of conformity (“Legal Guarantee “) provided for in Articles 128 et seq. of the Consumer Code.
The Legal Warranty is applied by the Seller for any defects of conformity occurring within 24 months from the date of delivery of the product that is reported by the customer within 2 months after the date of detection of the defects themselves, in accordance with Article. 132 of the Consumer Code.
It is pointed out that a defect of conformity exists when one the following situations occur:
the product is not fit for the use which is routinely needed;
(ii) it does not conform to the description or does not possess the qualities promised by the vendor;
(iii) it does not offer the quality and performance which are normal in goods of the same type;
(iv) is not suited to the particular use for which the consumer made known to the seller at the time of purchase and was accepted by the seller.
The Consumer Customer will remain in any case the owner of the rights deriving from the legal warranty described above, regardless of the subscription of other conventional guarantees, free or for a fee.
(I) Solutions available to the Consumer Customer
In the case of an existence of a lack of conformity, the Consumer Customer may request, by choice, to repair the product or obtain its replacement, unless the requested solution is impossible or excessively expensive compared to any other according to the provisions of Article. 130 paragraph 4 of the Consumer Code.
In particular, a remedy is considered excessively burdensome if it imposes unreasonable costs on the seller in comparison to another, taking into account: (i) the value the goods would have if there were no defect; (Ii) the extent of the defect; (Iii) whether the alternative solution could be completed without significant inconvenience to the Consumer customer.
ORF Srl, in order to render an absolutely transparent and high standard after-sales service, agrees, voluntarily, to carry out the repairs or replace the defective Product within 40 (forty) days from the request for warranty service. Alternatively, the Consumer Customer may request, by choice, an appropriate reduction of the price or rescission of the contract, in one of the following situations: (i) the repair or replacement is impossible or prohibitively expensive; (Ii) ORF S.r.l. has not carried out the repairs or replacement of the Product within 40 (forty) days; (Iii) the replacement or the repairs previously carried out have caused considerable drawbacks. A minor defect for which it was not possible or is excessively costly to carry out any repairs or replacement, does not give the right to terminate the contract.
After ORF srl has received the complaint of the defect, it reserves the right to offer the Consumer customer other possible solutions, with the following effects:
(i) if the Consumer Customer has already requested a specific solution, ORF srl will be obliged to implement it, with the necessary consequences within the period of 40 (forty) days referred to above, subject to acceptance by the Consumer customer of the alternative remedy proposed;
(ii) if the Consumer Customer has not already requested a specific remedy, the proposal will have to accepted or rejected by choosing another of the remedies provided by law.
Grounds for disqualification of the Legal Guarantee
The Consumer Customer shall not be entitled to repair, replacement, price reduction or termination of the Agreement in connection with any product or any component found to be defective if, unless otherwise provided herein and in accordance with applicable law:
(i) the Products have been repaired or altered by persons other than the manufacturer, ORF srl or any other authorized person; and/or
(ii) the defect of the Product or Products has manifested itself after a period of 2 (two) years from the delivery of the same product and / or the claim for repair or replacement of the defective product or defective products was sent after 2 (two) months from discovery of the defect; and/or
(iii) the defects are due (wholly or partially) to mistreatment, improper use, storage, maintenance or installation, performed by persons other than the manufacturer, by ORF srl or any other authorized person – or failure to observe the manufacturer’s instructions or other directions supplied by ORF srl together with the delivered Products; and/or
(iv) upon conclusion of the Contract, the Consumer Customer was aware of the defect and could not ignore it; and/or
(v) the defect results from instructions or materials provided by the Consumer Customer.
Operating procedures to enforce the Legal Guarantee
The Legal Warranty must be enforced directly against ORF Srl, when the latter is acting as a seller of defective products, and specifically in the case of the sale of products for which the relative Contract provides for the home delivery of the product (at the address specified by the Customer).
The Legal Warranty may be enforced:
(i) Telephonically or via e-mail .
The authorised personnel will provide the customer with the necessary information concerning the conditions and procedures for the use of the Legal Warranty.
ORF Srl, as appropriate, generally uses specialized technical assistance centres for repairs on its products or for the assessment of the conditions for their replacement under warranty, it being understood that the responsibility of the person acting as seller of the defective product, will always remain directly responsible for the provision of the Legal Guarantee.
ARTICLE 9 – CONSUMER CUSTOMER CONTRACT TERMINATION RIGHTS
1. Under Articles 52 et seq. of the Consumer Code, the Consumer Customer has the right to terminate the Contract, without penalty and without giving any reason, within fourteen days of receipt of the Product without giving any reasons.
In the case of separate delivery of goods ordered by the consumer customer with a single order, the period of fourteen days to exercise the right of termination shall begin from the day when the last product is delivered.
2. The right of termination is exercised by the Customer Consumer, within the limits provided for in paragraph 1 above, the standard form, in pdf version, available at this link (and conforms to the annex. B of the d. Lgs. 21/2014) to be transmitted electronically to the Internet address indicated in the Purchase Order confirmation receipt or the acceptance of the purchase Proposal as per Article. 4.2. Alternatively, the consumer customer within the same period can exercise the right of termination by sending any other unequivocal statement of his decision to withdraw from the contract by registered letter with acknowledgment of receipt or by fax to the address or number shown on the Purchase Order confirmation receipt or the acceptance of the Purchase Proposal referred to in art 4.2.
3. ORF srl sends an acknowledgment of receipt of the annulment by e-mail to the Consumer Client without delay, to the email address supplied during the purchase process on the Site.
4. In accordance with the provisions of ARTICLE 59, letter. c) and d) of the Consumer Code, the Consumer Customer may not exercise the right of annulment for products packaged to specifications or clearly customised or which are liable to deteriorate or expire rapidly.
5. The right of annulment does not apply to the originally sealed audio-visual products and computer software products opened by the consumer, nor the sealed goods which are not suitable to be returned for hygienic reasons or related to the protection of health which have been unsealed after delivery.
Regarding the state of the goods, they must be in a normal state of conservation. The consumer is liable only to the decrease in value resulting from a different manipulation as that considered “normal” and necessary to verify the nature, features and functioning of the goods.
6. The products for which the right of is exercised must be returned within fourteen days from the day when the consumer customer has notified the exercise of the right of annulment, substantially intact, in their original packaging, complete with accessories and any manuals, without anything missing.
7. The only expenses viable to the Consumer Customer for exercising the right of annulment is the direct cost of returning the goods, as stated in ARTICLE 57, paragraph 1, of the Consumer Code.
8. Upon receipt of the request for annulment, ORF srl will refund the full amount paid by the Consumer Customer within the period of fourteen days from the date on which the Consumer Client has exercised his right of annulment by crediting the bank account used at the time of purchase, or using the bank details provided by the Consumer customer at the time of the annulment request and using the same payment method used by the Consumer customer at the time of purchase. ORF srl reserves the right to withhold the reimbursement until the products, object of the right of annulment, have been received, or until the Consumer Customer has not shown that the goods have been returned, whichever situation occurs first.
9. If, however, the procedures, conditions and terms for exercising the right of annulment, are not respected as specified in this ARTICLE, the Consumer Customer shall not be entitled to any refund. In this case, the Consumer Customer may be entitled, at his expense, to the product in the state in which it was returned to ORF S.r.l . Otherwise, ORF srl may keep the returned products, in addition to any amounts already paid by the Consumer Customer for its purchase. The shipping and transportation costs are charged to the customer.
Excluding the right of order annulment.
The right of annulment is excluded and, therefore, the paragraphs above do not apply in respect to contracts concluded with Professional customers.
ARTICLE 10 – SECURITY
The Registered Customer is responsible for the conservation and appropriate use of all the e-mails, user names, nicknames and passwords used to connect to the site and must take all necessary measures to ensure that they are used properly and that user names and passwords are kept secret and not revealed to any unauthorized person.
The Registered Customer is responsible for all activity that is carried out using their account and will be liable for damages resulting from improper use of the data for access by third parties.
The Registered Customer must immediately inform ORF srl if there are reasons to believe that a user name (or email) or password is, or is likely to have been, discovered by someone not authorized to use it or is likely to be used in an unauthorized manner.
If a Registered customer forgets or loses the user name, they must contact ORF srl and perform the security checks provided by ORF S.r.l…
ORF srl reserves the right to eliminate the user name (or e-mail), nickname and password for access to the Site, if it considers that there is, or is likely to be, a security problem or unauthorized use of the said data.
The Registered Customer is responsible for the veracity of the information and personal data supplied upon registration. The Registered Customer must immediately inform ORF srl of any change in the information and personal data provided at the time of registration or provide directly, if possible, for the updating, to ensure that such information and data are consistently up to date, accurate, complete and truthful. In the case in which they have been given, or that ORF S.r.l. has reason to suspect that inaccurate or incomplete false personal information has been given, ORF srl will have the right to prevent the Registered Customer using the Site.
ARTICLE 11 – USING THE WEBSITE
The Site, the Products, Services and functions made available or sold through the Site are provided solely for the personal use of the customer. The Customer may not resell or attempt to resell Products, Services, Contents or functions made available or sold through the Site to any third party, nor use the Site in order to perform business activities or in any case for professional or commercial purposes, including advertising, promotion, placement or any other form of commercialization of Products, Services or content made available through the Site, without the prior written consent of ORF Srl.
The customer must not copy, modify, transmit and distribute externally, publicly display, download, print or publish any part of the Site or the Content for commercial purposes. The Site may be used only for the personal purposes of the Customer and in accordance with this Agreement.
The customer may not in any way alter or vary the editing, graphics, layout or “look and feel” of any web page within the site it being understood that these will be defined by ORF srl or on behalf of ORF srl at its sole discretion. ORF srl will have the right to enter their trademark, trade name, logo, ideograms, or other distinctive signs of ORF srl or third parties as well as to place advertising banners, hyperlinks or other forms of advertising at its sole discretion within each web page within the Site.
The Customer shall not exploit or use the Site or any Content, in such a way as to cause any disadvantage to ORF srl or to third parties. In particular, the Customer is obliged to refrain from using the Site or the Content for carrying out activities in competition, or in any case in such a way as to cause damage or harm to the interests, including economic, i.e. the image of ORF Srl, of other customers or third parties.
The User is solely responsible for the assessment of any product or service on the Site.
ORF srl assumes no responsibility for personal data or information or other contents that may be posted, distributed, uploaded or downloaded by the Customer or any third party through the Site. In the event that the Site allows the customer to make comments or opinions about products, services or features made available through the Site, the Customer undertakes to ensure that such comments or opinions are specifically related to the activity of the economic operator subject to comment and refer to specific and detailed facts. As aforesaid, ORF srl reserves the right to withdraw, modify or remove from the Site without any prior notice, any content made available by the Customer of which he has knowledge, as well as any other content published by third parties in which constitutes or may constitute a breach of this Agreement, the mandatory provisions of law or the rights of third parties or in cases where ORF Srl believes ,in good faith, that such information or content constitute a breach of this Agreement or the law.
The customer must indemnify ORF srl from any claim or legal action initiated or threatened against ORF srl by third parties as a result of the fact that the Website or its functions are used by the client in violation of this ARTICLE as well as in violation of any other provision of this Agreement.
ARTICLE 12 –INTELLECTUAL PROPERTY
The intellectual property rights relating to the Site, to the trademark MagneticDays or the Content are and remain the exclusive property of ORF srl or its licensors.
It is expressly forbidden for the Customer to copy, modify, create works or works derived from or based on the Site, the Content, Trademark, or software.
It is expressly forbidden for the customer to download, copy, reproduce, duplicate or otherwise use or disseminate the brand MagneticDays or any trademark, trade name, logo, ideogram, or other distinctive sign related to ORF srl or its products.
ARTICLE 13 – PERSONAL DATA PROTECTION
The prepared disclosure pursuant to art. 13 of Legislative Decree. N. 196 of 30 June 2003 (cd. Code regarding the protection of personal data) is to be considered an integral part of this Agreement.
ARTICLE 14 –CHANGES AND PARTIAL INVALIDITY
ORF srl reserves the right to make, at any time, at its sole discretion, any changes, additions and / or updates that are deemed necessary and / or simply appropriate to the Site, the content, programs and / or other materials therein and / or available through the Site (including the General Conditions).
For patency, any changes and / or updates made as above has no effect on already signed contracts with customers prior to the execution of such changes or updates.
In the event that the nullity, invalidity or unenforceability is declared, in whole or in part, of any provision of this Agreement by any competent court, the controlling authority or administrative authorities, the remaining provisions of this Agreement shall not be affected.
ARTICLE 15 –COMMUNICATIONS AND PROBLEM SOLVING
Any communication relating to these General Conditions or, in general, to any contract signed with ORF srl must be sent by mail, fax or email to the following addresses:
Person in charge
via Giuoco del pallone
52045 – Foiano (AR)
For any telephone support please contact the number
ARTICLE 16 – JURISDICTION AND COMPETENT AUTHORITY
The Agreement is governed by Italian law.
For any dispute concerning the validity, effectiveness, interpretation or execution of each contract and, in general, relative to navigation on the Site by the Customer or the use of any commissioning capabilities at the disposal of the Customer through the Site, shall be referred exclusively to the court of Arezzo, except the mandatory court of the place of residence or elected domicile of the customer acting as a consumer customer, within the articles of the Consumer Code.