1. Definitions
For the purposes of these General Terms and Conditions, the following definitions apply:
Seller: “New Blue Sky srl”, P.IVA 05387130288, with registered office in 35010 San Giorgio delle Pertiche (PD), ITALY;
Website or Site: the web portal allocated on the domain www.italianfemalewrestling.com;
User: the person who accesses and navigates the Site, and can make online purchases of the Content according to the procedure provided;
Consumer: the subject, including the User, who acts for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out;
Services: Electronic Commerce services made available to Users by the Seller through the Website, such as the online purchase procedure in electronic commerce mode, the online catalog, sales promotion services, the shopping cart and all other tools that facilitate the navigation of the User on the Site, in addition to services, related or not to the sale of a Product, as well as any other and different activities that are carried out by the Seller through the Site;
Registration Form: the form on the Site through which the User proceeds to its registration; where registration is not required (purchases without registration) the rules applied to the Registration Form apply also to the purchase system without registration.
Credentials: the USER ID and PASSWORD chosen by the User when registering, to be used for the purposes of the Site from time to time indicated;
General Conditions: these General Terms and Conditions, through which the Seller intends to regulate the sales relationship with its customers;
Content: digital content sold through the Site under E-commerce regime, and provided on a non-material medium;
Order: the purchase proposal made by the User through the procedures of the Site;
Shopping Cart: the stage of the purchase procedure in which the User formulates his purchase proposal choosing the Content, the payment method, delivery and the like;
E-commerce: a particular mode of commerce, governed in Italy by the Consumer Code and the e-commerce Decree, for which the two contracting parties, for example the seller and the buyer in the sales contract, conclude the distance contract thanks to the services of the information society (namely, the internet) without their physical and simultaneous presence.
Consumer Code: the Consumer Code, governed by Legislative Decree no. 6 September 2005 n. 206 and subsequent amendments and additions;
E-commerce Decree: implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market with particular reference to electronic commerce, governed by Legislative Decree of 9 April 2003 no.70 and subsequent modifications and additions;
Privacy Code: the Code regarding the protection of Personal Data, governed by Legislative Decree no. 196 of 30 June 2003, as amended by Legislative Decree no. 101/2018;
Privacy Policy: the privacy policy, drafted in compliance with 13 and 14 of EU Regulation 2016/679 (GDPR) and D.Lgs. 196/03 (Privacy Code) as reformed by D.Lgs. 101/2018.
2. Application of these General Conditions
These General Conditions govern the general rules of the Services offered by the Seller through the Website to all Users.
Through the General Terms and Conditions, the Seller intends to inform the Users of their rights, as well as deriving from this report and in any case from the Consumer Code, in particular from its Part III, Title III, Chapter I, “Dei diritti dei consumatori nei contratti”, Sections I to IV (Articles 45 to 67), as well as the E-commerce Decree, EU Regulation 2016/679 and the Privacy Code, whose Information can be found at the following LINK https://italianfemalewrestling.com/privacy-policy/.
The User accepts these General Conditions, for the applicable parties, at the time of continuing navigation on the Site.
The User shall approve these General Conditions at the time of placing the order procedure, as described below.
3. Subject
This Site offers the sale of consumer goods and the provision of related services under the Electronic Commerce regime.
The Seller is the sole owner of the Site and therefore through it the User establishes a relationship of sale and/ or provision of services exclusively with the Seller, unless otherwise stated in these General Conditions.
Any relationships and transfers of data with third parties will be specifically indicated on the Site as well as in these General Conditions.
4. Registration
The registration coincides with the opening of an account and can be done at any time.
Registration is necessary for the purpose of purchasing the Content in case you want to proceed to payment by credit card.
To proceed with the registration the User must follow the procedure provided on the Site, which allows the Seller to ensure the personality of the account and try to avoid abusive registrations.
During registration, the User expressly accepts these General Conditions.
The User guarantees in any case the completeness, correctness and veracity of the data provided. In particular, the User guarantees to: a) be of legal age and capable (if a minor, the registration, the insertion of data and the purchase procedure must be carried out by a parent or otherwise by an adult); b) possess the requisites required at the time of registration or at the time of the order; c) be the legitimate owner of the data entered, which must be true, correct and updated; d) comply with all the legal and contractual provisions applicable to the relationship with the Seller; e) undertake to comply with the provisions of national law with particular reference to the rules of an imperative nature, relating to public order and morality; f) not to transfer their credentials to third parties.
The Seller reserves the right not to accept the request for registration or order, as well as to remove a User in all cases in which abuse, irregularities, impropriety and the like may be detected.
The User is solely responsible for access to the Site through their Credentials and is responsible for all operations carried out on the same through their Credentials.
In any case, the User undertakes not to use the registration and the connected Services for the purposes of profiling of other Users, direct or indirect marketing, competition, industrial espionage, as well as for any other purpose that is inconsistent with the Site and the Services.
All data communicated by Users to the Seller will be processed in compliance with EU Regulation 2016/679 (GDPR) and the Privacy Code, according to the Information on the Site and accessible at the following https://italianfemalewrestling.com/privacy-policy/
The email address provided allows the Seller to notify the User of all messages related to the Services, the Content and the Site in general.
5. Contents
The Site deals with the sale, in electronic commerce mode, of digital content (in particular video) on non-material media.
The Content and offers on the Site will be available and valid as long as they remain online, regardless of what will be said later.
The information and characteristics relating to the Content are indicated and illustrated on the Site within each description sheet of the related video content. For each Video Content, there is usually a descriptive text, a video preview, and some photos.
6. Price
Prices are indicated in each descriptive form at the time of ordering and must be considered, unless otherwise stated, per unit of Content.
Any other additional expenses, such as taxes and any other incidental expenses, will be promptly reported at the order stage and counted separately, last highlighting the total cost of the sale.
7. Procedure for the purchase and conclusion of the sale
The User can purchase all the Content offered for sale on the Site, illustrated and described in the respective information sheets.
The publication of the Content on the Site constitutes an invitation to the User to formulate a purchase contract proposal and involves complete knowledge and acceptance of these General Conditions.
You can purchase one or more Contents at a time. Three different price versions are generally available for each Content: HD 720p (with 1280×720 pixel resolution, progressive field order), FULL HD 1080p (1920×1080 25 progressive frames), and UHD 2160p (3840×2160 pixel).
The purchase procedure is indicated on the Site. To conclude the contract the User must follow the relevant instructions, if necessary filling in the Order Form as requested.
The Purchase Order is considered to have been placed at the time of the “clic” validation by the User. At that time the User gives his express consent to the immediate commencement of the service by the Seller, with the consequent acceptance of the loss of the right of withdrawal.
At the same time of the payment, an automated system will send the link related to the Digital Content purchased to the email used by the User for the payment. It is necessary to check the spam folder of the mail box in case no email is received.
The links received to download the videos are valid 48 hours and after this deadline it will no longer be possible to download.
8. Methods of payment
The User must pay the price of the Content requested in the manner provided in the Site.
The payment methods generally available on the Site are as follows:
- a) Paypal: to be carried out using the tools offered on the Site;
- b) Credit Cards and Prepaid Cards: it is possible to make purchases using credit cards and prepaid cards, compatible with the Site and compatible with the accepted payment circuits;
* For security of transactions, the system uses for all payments by credit card:
Secure Sockets Layer 3.0 (SSL) encryption protocol or later. This protocol protects the integrity of your data during the transfer to our servers, using an encryption key of 168 bits length (the maximum available).
The Seller reserves the right to provide for further payment methods in the future.
9. Non-payment
In case of non-payment the Content will not be made available to the User and the contract will not be concluded.
10. Guarantees
Legal guarantee of compliance
Where applicable, if the buyer is a Consumer, he is entitled to the legal guarantee of conformity on the goods sold.
In particular, the Seller is obliged to deliver to the Consumer the Content in accordance with the sales contract. To this end, it is presumed, inter alia, that the Content is in conformity with the contract if, where applicable, the following circumstances coexist:
- a) is suitable for the use for which similar goods are normally used;
- b) complies with the description made by the Seller;
- c) presents the usual qualities and services of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, public statements on the specific characteristics of the Content made in this regard by the Seller;
The Seller is not bound by the public statements referred to in point c) above, when, alternatively, it shows that:
1) was not aware of the declaration and could not know it with the ordinary diligence;
2) the declaration has been properly corrected by the time of the conclusion of the contract in order to be knowable to the Consumer;
3) the decision to purchase the Content was not affected by the statement.
In any case, the Seller’s liability is excluded if:
– defects or discrepancies are minor and restoration is impossible or excessively costly;
– defects or discrepancies resulting from the tampering or technical intervention of unauthorised personnel,
– in case of incorporation / use of the Seller’s Content in another product not attributable to the Seller.
Rights of the Consumer
In the event of a defect of conformity, the Consumer has the right to the restoration, without charge, of the conformity of the goods by replacement.
In particular, in the event that the Content is damaged or not usable for technical reasons attributable to the Seller, the latter will send the Content to the same email of the User within a reasonable period of time from the request.
Terms
In cases where the Product presents a defect of conformity, the Consumer must report it to the Seller at the email address sa***@it********************.it or at the address PEC ne**********@pe*.it .
The Consumer shall forfeit the rights of guarantee if he does not report the lack of conformity to the seller within two months from the date on which he discovered it. In any case, the action of the Consumer to assert these defects is prescribed within twenty-six months from the delivery of the goods.
11. Right of withdrawal
The exercise of the right of withdrawal is excluded in the case of the supply of digital content through a non-material medium when the execution began with the express agreement of the consumer and with his acceptance of the fact that in such case he would have lost the right of withdrawal.
In this case, the User expressly consents to the beginning of the performance by the Seller and to the LOSS IN SUCH CASE OF THE RIGHT OF WITHDRAWAL, the moment that the check box specifically dedicated is ticked before accessing to the payment methods.
12. Industrial and intellectual property rights
The Site, the brand name ‘ITALIAN FEMALE WRESTLING’, both in its verbal form and in its complex form (logo + verbal element) and any object of intellectual and industrial property related to them are the exclusive property of the Seller, who also holds the intellectual property rights of the Site and the right to divulge the elements contained in the online distribution catalogue, for which he has obtained the necessary authorisations from the persons concerned, unless otherwise indicated.
The partial or total reproduction, on any type of media, the use of the elements that make up the Site and the catalogue, their use and their transfer to third parties are formally prohibited.
It is forbidden, therefore, to copy, divulge and modify the contents protected by copyright, registered trademarks or other intellectual and industrial property rights.
The trademarks and logos of the platforms that provide payment instruments, social networks, and similar and any other logo not directly or indirectly attributable to the Seller are the property of their respective owners and are indicated in this Site for information purposes only to allow the execution of the relevant Services.
13. Site and User Security
The aim is to make the use of the Site safe for all Users, however the Seller cannot guarantee it.
To this end, the Seller asks that all Users help him to ensure the safety of the Site and for this reason it is forbidden to post spam, develop or use third-party applications with content that is illegal or otherwise contrary to public decency or morality; use the Site and the Services for illegal, misleading, malicious or discriminatory purposes; take actions that may prevent, overload or compromise the proper functioning or appearance of the Site or the Services; enter false and/or invented and/or fantasy data and/or third parties other than the User, except in cases of legal representation, in the registration procedure necessary to activate the procedure for the execution of this contract and its further communications; commit any other action that is detrimental to the Seller, its partners and its users.
14. Express cancellation clause
The sale contract is automatically terminated, pursuant to art. 1456 Civil Code, in all cases of violation of the rules of these General Conditions and in particular of the following ones:
10) Failure to pay;
15) Industrial and intellectual property rights;
16) Site and user security.
The termination of the right shall be perfected when the party intending to invoke this clause communicates to the other such will and indicates the circumstance, among those provided above, that it considers to have occurred.
15. Changes to these General Conditions
The Seller reserves the right to modify, at any time and without notice, the content of these General Conditions: the report will be governed by the text of the General Conditions published on the Site at the time of sending the purchase order by the User. Updates will be indicated in the text header with the date of last update.
The User is therefore invited to take express view of the text of these General Conditions always before sending the purchase order, in order to verify the updated text at the time of the order.
16. Reference to sectoral regulations
For anything not expressly derogated from these General Conditions, in addition to Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and subsequent amendments and additions, for the respective scope of application, it is expressly referred to other applicable regulations with express, but not exhaustive, reference to D.Lgs. 9 April 2003, n. 70 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market) and subsequent amendments and additions, as well as Legislative Decree no. 196 of 30 June 2003 (Privacy Code), the Italian Civil Code and other applicable legislation.
17. Processing of personal data (Privacy)
The User is invited to read carefully the information on the processing of personal data (Privacy Policy) made pursuant to art. 13 and 14 of EU Regulation 2016/679 (GDPR) and the Privacy Code, as well as the information on the use of cookies pursuant to art. 122 of the Privacy Code, reported on the appropriate page of the Site, with the relative consent to the processing where required.
18. Applicable Law
The General Conditions and the Services described in them are governed exclusively by Italian law, by the European Union’s community norms and by the International Conventions which have effect and are recognized in the Italian Republic.
All Services and information contained in the Site will be rendered in Italian.
19. Complaints and dispute resolution tools
The User can forward any complaints to the following addresses:
– by certified email to ne**********@pe*.it
– by ordinary mail to sa***@it********************.it
In any case, for the resolution of disputes arising from the exact application of the contract, it is possible to use the out-of-court dispute resolution procedures, referred to in Title II-bis of Part V of the Consumer Code, before the mediation bodies in the matter of consumption pursuant to Legislative Decree no. 4 February 2010 n. 28 and other ADR entities (ie Alternative Dispute Resolution, meaning dispute resolution alternative to judicial dispute resolution) indicated therein.
The Seller recalls in particular that the European Union has implemented a platform for the resolution of disputes arising online, so please see this link:
https://webgate.ec.europa.eu/odr
or this address, which refers directly to the platform in Italian:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=IT
20. Jurisdiction and Jurisdiction
Without prejudice to the foregoing, for any dispute concerning the interpretation, execution and resolution of these General Conditions and the resulting sales relationship, if the User is a Consumer he may choose alternatively whether to contact the Judicial Authority of his domicile (if different from Italy) or the Italian Judicial Authority, where the 1968 Brussels Convention or Community Regulation 1215/2012 is applied.
In the case of Italian jurisdiction, if the User is a Consumer the mandatory territorial jurisdiction is the court of the place of his residence or his domicile, pursuant to art. 66-bis D.Lgs. 206/2005.
If the User is a Professional under the applicable law, however, the Italian Judicial Authority has exclusive jurisdiction and is exclusively competent the Court of Padua, subject to the mandatory and exclusive jurisdiction of the Court of Venice, Section specialized in business matters, for cases expressly provided for by applicable law.
This is without prejudice to any exclusive and binding jurisdiction and jurisdiction provided for by the relevant legislation.
