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CONTRACT REGULATING DOWNLOAD SERVICE AND NON-TRANSFERRABLE INDIVIDUAL USER LICENCE

 

Article 1 - Definitions

The following terms are understood as indicated below for the intents and purposes of this contract:

a) The "supplier" is the firm J&G di Jotti Melania, established in Via della Meccanica, 14 int. 2 - 36100 Vicenza - Italy, Fiscal Code JTT MLN 69D25 L840M and VAT n° 02457240246;

b) The "contracting party" is the subject, individual person or company making the order;

c) The "consumer" is the contractor who stipulates this contract for purposes other than the entrepreneurial or professional activities they may perform;

d) The "order recapitulation" is understood as the document containing the indications relative to: the essential characteristics of the service provided, the relative price, the manner of payment, the period of validity of the offer and the price, if it is different from the price indicated in Article 5 of this contract. The order recapitulation is an integral part of this contract;

e) The term "order" indicates the document, even only electronic, sent, event only telematically, by the contracting party, attesting to his desire to take advantage of the contractual offer according to the specifications indicated in the order recapitulation and the conditions of this contract. The order is an integral part of this contract;

f) The term "order receipt" is understood as the communication, sent by the supplier, even only telematically, to the contracting party, attesting to acceptance of the order and showing a recapitulation of the general and special conditions applicable to the contract and the information relative to the essential characteristics of the service at the price (including applicable taxes), the means of payment and the existence or lack of existence of the right to withdraw, as well as any modifications in performance of the service (means of downloading). The order receipt is an integral part of this contract;

g) The term "model" indicates the contents, in any form or manner expressed, as a whole or as individual parts, made available to the contracting party at his request, which the contracting party is authorised to download following stipulation of this contract. 

The models are drawings and industrial models and designs especially created by J&G di Jotti Melania for the production of jewels and ornaments in general. The software relative to these models may be downloaded in digital form in order to automatically and mechanically reproduce the models in series.

 

Article 2 - Subject of the Contract

The subject of this contract is the supply of downloading services for models requested by the contracting party by sending an order.

The models are transferred to the contracting party with an individual, non-exclusive licence for use and are not sold.

The contracting party is required to use the models according to the provisions of Article 4 of this contract.

 

Article 3 - Perfection and Performance of the Contract

This contract is understood to have been perfected upon acceptance by the supplier, communicated by sending the contracting party the order receipt and the order sent by the contracting party himself, even only telematically.

Downloading of the models, in any case, constitutes acceptance of this contract.

By stipulating this contract, the contracting party expressly accepts that performance of the service of downloading models will start prior to conclusion of the term of 10 days from stipulation of the contract, in accordance with Article 5, paragraph 3, Legislative Decree n° 155 of 22 May 1999.

 

Article 4 - Licence for Use and Reservation of Copyright

All of the models are the intellectual and/or industrial property of J&G di Jotti Melania.

Any action and/or utilisation performed without the authorisation of J&G di Jotti Melania, not contemplated in the terms and conditions of this contract, will be persecuted in accordance with penal and civil laws.

Upon stipulation of this contract, the contracting party is granted an individual licence for use of the models according to the provisions specified below.

a) The contracting party is authorised to make a digital copy of the material, including the possibility to temporarily reproduce the materials in a video file in order to view them. Realisation of the copy takes place with the downloading operation.

The contracting party may not sell, rent, lease, loan or confer in commodatum, leasing or sub-licence the models in any way. Such actions are prohibited without the written consent of J&G di Jotti Melania.

b) The contracting party is authorised to use the digital copy of the models through conservation of the material on his computer and/or other information technology and/or digital support, for the purpose of producing and selling the objects created from the models.

c) It is not permissible to conserve any digital copy of the materials or any part thereof on networks or on the web, where it could be utilised and reproduced by third parties.

 

Article 5 - Period of Validity of the Offer

Unless otherwise indicated in the order recapitulation, the offer and prices will remain valid for the period indicated on the price list, which is updated every six months.

The Price List applied will be the one in force at the time the contract is perfected.

 

Article 6 - Exclusion of the Right to Withdraw

The right to withdraw from the contract is expressly excluded, also in accordance with Article 5, paragraph 3 of Legislative Decree n° 185 of 22 May 1999.

 

Article 7 - Guarantee and Limitations of Responsibility

The contracting party accepts the models, the files that contain the models, in the condition in which they are transferred. The contracting party is the sole party responsible for any direct, indirect or consequential damage sustained due to any form of his own use or the use of third parties of the models themselves and the files that contain them.

The supplier is not responsible for direct, indirect or consequent damages, including and without limitations, damages for losses and/or lack of profits, stoppage of business, economic and/or information losses, in any case sustained by the contracting party and/or by third parties, due to the use of or failure to use the models and the files containing them.

The supplier expressly excludes any tacit or express guarantee in relation to the models and files containing them, including implicit guarantees, the guarantee of saleability, satisfactory quality, suitability to satisfy a specific purpose, exemption from defects and faults, defects due to lack of precision, enjoyment of the models exempt from disturbances and non violation of the rights of third parties.

Except for the binding limits of the law, the responsibility of the supplier for faults or defects in the service and/or models and/or files that contain them is limited, at the discretion of the supplier, to reimbursement of the sum paid by the contracting party to the supplier to use the specific service to obtain authorisation to download specific models relative to which a defect or fault has been encountered, or to supply free of charge to the contractor the specific models in relation to which faults or defects were found.

This guarantee clause and the regime of responsibility does not intend to limit the responsibility of the supplier in violation of the provisions of the applicable national law, nor to exclude it in cases in which it cannot be excluded on the strength of said law.

 

Article 9 - Address and Telephone Number of the Supplier and Presentation of Claims

The Contracting party may contact the supplier to present a claim at any time, by writing to: J&G di Jotti Melania, Via della Meccanica, 14 int. 2 - 36100 Vicenza - Italy, or by writing to the following e-mail address: Cet e-mail est protg contre les robots collecteurs de mails, votre navigateur doit accepter le Javascript pour le voir

Additionally, the contracting party consents in advance to the use of the portions of communication by e-mail, telefax, telephone and automatic systems, as well as any other form of communication at a distance, made available by current technology.

 

Article 9 - Applicable Law

This contract is subject to Italian Law or to the Law of the Contracting Party's country, if the latter imposes application of his own law in order to obtain recognition of the validity and/or effectiveness of this contract.

 
Italian Design
Domaine Clients




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