General terms and conditions/privacy
The general terms and conditions of this contract are intended for:
a) Provider: Edizioni Ambiente Srl., located in via Battaglia 10 20127 Milano. Telefono 02.45487277 fax 02.45487333, email firstname.lastname@example.org, R.E.A. 1434741, R.I. 341069. Cod. fiscale e P.IVA 11069170154, Holder and responsible for the goods and services provided through the websites edizioniambiente.it; reteambiente.it; nextville.it; puntosostenibile.it; freebookambiente.it; rivistarifiuti.it; renewablematter.eu;
b) User: the person who uses any goods or services given by the Provider;
c) Contract: the agreement between Provider and User, including all the established and published general conditions, the specific agreement clauses between the two parties, the mandatory norms provided by the Codice del Consumo and all the other applicable Italian norms, even if not specifically indicated. The Provider has the right to modify the general terms and conditions without notice. Such modifications become active from the moment of their publication. Conditions active at the moment of the contract will be applied to contracts terminated before the modifications are published. The contract between User and Provider is integrated by the Provider receiving the form stating the User has paid for the selected product;
d) product: goods and services provided by the Provider, characteristics will be specified in the informational material provided in paper and/or digital form (through publications on dedicated sites of the Edizioni Ambiente network).
2) USE OF THE EDIZIONE AMBIENTE NETWORK PRODUCTS
By using goods and services provided in any capacity by Edizioni Ambiente, the User accepts every part of this contract. When acquiring specific products in return for payment, the User agrees to specific conditions established and agreed upon on a case-by-case basis in connection to the selected goods and services.
3) INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The User accepts and recognises the fact that the goods and services provided by Edizioni Ambiente are the object of intellectual and industrial property and protected as such. The relative contents may only be used for personal purposes and in accordance to law 633/1941. In accordance with article 68 of law 633/1941, the reproduction of volumes or files is only allowed in relation to works on paper, for personal use, without distributing or divulging the work to the public, respecting the maximum 15% limit excluding advertisement pages. Reproduction, distribution, publication and any other use of the goods and services provided by Edizioni Ambiente in competition with the relative economic use rights.
Quotation is allowed within the limits and conditions provided by law 633/1941, for the purpose of criticism, discussion and teaching, as long as it is accompanied by the names of the Author, Provider and source. Only the homepage of Edizione Ambientecan be freely linked out of ll the websites within the Edizioni Ambiente network, it is forbidden to show said websites in framing, deep linking or mirroring mode unless previously authorised by the Provider.
The Publisher declares he has fulfilled copyright obligations and connected rights. Text connected to the State and Public Administrations are not covered by copyright. Copyright refers to the elaboration and presentation of texts. Copyright violations are punished with civil or penal sanctions through law 633/1941. In accordance with the rules established by the European Union (consultable at all'indirizzo http://eur-lex.europa.eu/it/editorial/legal_notice.htm) regulating the titularity and use of juridical texts and other documents present on the EUR-Lex website, we wish to specify that: the intellectual property of EUR-Lex documents belongs to “© European Communities, http://eur-lex.europa.eu”; “O only the versions of documents published in the "European Court Reports" are deemed official sources.”
4) USE OF DIGITAL CONTENTS
4.1) Username and password. Access to online protected areas is restricted to those entitled. The User who possesses credentials to access the Provider’s digital contents is responsible for the secrecy of the username and password, unless specific contractual conditions that discipline single products. The use of credentials is strictly personal. The user is committed to not provide third parties with access credentials, sell or carry out any commercial use or anything other than what concerns personal and private use. The user recognises that the system providing services does not allow simultaneous accesses using the same username and password.
4.2) Technical requisites for digital contents providing services. The “ePub” file format can be read with the most common ebook readers (Kobo, Sony, etcetera), on iPad (using iBooks or similar apps), Android tablet (with Moon Reader, Adilko or other apps) or iOS or Android smartphones. The methods to upload ePub files on the reader can be found on the reader’s manual itself. ePub files can be read on PC using Adobe Digital Editions, Calibre or other applications used to read ePub files. The user must verify if the eEbook file format he wishes to purchase is compatible with the reading instrument he intends to use.
5) LIMITATION OF LIABILITY
The user acknowledges that the digital and paper documents provided by the Provider are in “the state in which they are” without any sort of guarantee on their contents. The fact that a document is provided by the Provider does not mean that its content has not been substituted or modified by future documents or events. Published documents may contain typing or technical errors, even though the Provider carries out strict editorial checks. Documents contained within editorial do not contain professional or juridical opinions. The Editor and Authors decline any responsibility for possible mistakes. The contents of these documents are not official; the only official document on for State and Public Administrations acts can be found on official publications (for example the Official Gazette of the Italian Republic). The Provider does not answer for the intellectual property of others, where specified. The provider commits to guarantee the functionality of products at the best of his abilities, for the duration of the contract. The User acknowledges that the determination and quantity of the available news, information and documents and their update is unquestionably to the Provider’s discretion, as well as the modification and relocation of single document or entire websites. There are no implicit or explicit guarantees regarding the compatibility of software for specific needs, or that the software will be compatible with the client’s hardware. The provider is never responsible for any sort of damage deriving from the use of its products. Clicking any link to third party websites means you are voluntarily exiting the Edizione Ambiente websites to access websites that are not under their control, and for which it is therefore not responsible.
The User understands and agrees that the Provider will never be considered liable towards the user and third parties for any delay or incompletion of its obligations caused by chance or force majeure; some examples, used simply as an exemplification are: actions from public authorities, floods, fires, thefts, explosions, accidents, strikes and lockouts (not necessarily from the company itself), wars, embargos, impossibility to transport, suspensions or problems with telecommunications, thunders, problems with machinery not caused by the supplier, interruption or overload of energy flows, problems or interruptions of telephone lines connected to the activities of the provider (or concessionary) of said lines, as well as interruptions or suspensions that are not imputable/not dependent on the will of the provider, i.e. deriving from third parties connected to the provided itself.
6) PROVISION OF ONLINE DIGITAL CONTENTS
6.1) Contract execution and exclusion of the right of withdrawal. The user starts the execution of the contract and accepts the loss of the right of withdrawal, where provided (article 59, Dlgs 206/2005), once the order form is completed properly and it attests the payment relative to the provision of digital contents on non material support
The user acknowledges that the Provider automatically activates the execution of its performance once the online order Form has been filled and the payment for the selected service is successful.
6.2) Contract duration. The contract lasts from the execution date mentioned above, it is the same as the one mentioned at the time of purchase and is not the object of automatic renewal.
6.3) Divulgation prohibition. The stipulation of a subscription contract entails that the user only has the right to use the contents and relative contents of documents for personal and private use, excluding all other uses, like commercial use, distribution, provision or divulgation to any third party. The User acknowledges that the system providing services does not allow multiple simultaneous accesses with the same username and password.
7)PROVISION OF DIGITAL CONTENTS ON DURABLE MEDIUM
The contract regarding the provision of digital contents on durable mediums applies the present general contract conditions, specific conditions between Supplier as User, and if compatible, those relative to the provision of online digital contents.
8)PROVISION OF EBOOK SERVICES
8.1) Provision method. The specifics on how to access the service, payment and download of digital “eBook” contents are indicated in the dedicated section of the edizioniambiente.it website. Technical requisites are available in the “technical requisites” section in the “Access and use of digital contents” paragraph.
8.2) Right of withdrawal. According to and for the purposes of Dlgs 206/2005, the “consumer” User has the right to withdraw from the contract within 14 days from the conclusion of the contract and on the condition that the relative file has not yet been downloaded Consult “right of withdrawal” paragraph for conditions, terms and ways to exercise the right of withdrawal.
8.3) Use. The user commits to carry out a personal and private use of eBooks, and is obliged to not modify, elaborate or divulge them in any way, even telematically, publish or provide them to any third party without an autonomous and distinguished written authorisation from the Provider. The user also commits to not remove or erase any file protection systems.
9) SUBSCRIPTION TO WASTE MAGAZINE (HARD COPY)
Duration of the contract and right of withdrawal. The duration of the contract to the hard copy of Waste Magazine, starting from the date mentioned above, is not the object of automatic renewal. According to and for the purpose of Dlgs 206/2005, the “consumer” user has the right to withdraw from the contract within 14 days from the receipt of the first issue. Consult “right of withdrawal” paragraph for conditions, terms and ways to exercise the right of withdrawal.
10) PURCHASE OF BOOKS AND MAGAZINES (HARD COPIES)
10.1) The Provider automatically activates the execution of its performance once the online order Form has been filled and the payment for the selected service is successful.
10.2) Right of withdrawal for purchased books. According to and for the purpose of Dlgs 206/2005 the “consumer” User has the right to withdraw from the contract within 14 days from the purchase of the physical possession of the good. Consult “right of withdrawal” paragraph for conditions, terms and ways to exercise the right of withdrawal.
11) PRICES AND PAYMENTS
The prices of the goods and services offered by the Provider are specified in the informational and promotional material given by the Provider in physical and/or digital form (through publications on the dedicated internet pages in the Edizioni Ambiente network). Purchases carried out through the cart can be paid with Cartasì, Visa and Mastercard credit cards. Paypal services are also active. Contracts relative to online services are legally subjected to an invoice. Books and Waste Magazine (hard copy), with taxes paid by the provider are not subjected to an invoice, that can still be requested from your personal Sheet.
12) RIGHT OF WITHDRAWAL (conditions, terms, procedures, exclusions)
12.1) (Conditions, terms, procedures) according to and for the purpose of Dlgs 206/2005 only the “consumer” user has the right, in the cases validated by Dlgs 20672005, to recede from contracts regarding specific goods and services (refer to the dedicated paragraphs in this document) without giving any reason. Said right of withdrawal must be exercised according to the following terms and procedures:
a) the right of withdrawal must be exercised within 14 (fourteen) days, that take effect:
- in the case of contracts regarding the sale of hard copies of goods: from the day in which the consumer has acquired the physical possession of the item (in the case of subscription from the receipt of the first issue),
- in the case of ebook service: from the day in which the contract is concluded and on the condition that the file has not yet been downloaded;
b) the right of withdrawal must be exercised by sending a written communication to “Edizioni Ambiente, via Natale Battaglia 10, 20127 – Milano” through a letter with acknowledgement of receipt stating your will to exercise your right to withdraw, acquired product/s, complete data for reimbursement. To this end, customers can also make use the “withdrawal model” provided by Dlgs 206/2005 and found in the present general terms and conditions contract. The notice may also be sent through a telegram or fax (at the number listed above) on the condition that it is confirmed through a letter with acknowledgement of receipt within the following 48 hours;
c) the consumer must return the product/s at his own expense without undue delay within 14 days from the date of withdrawal.;
d) in the case of right of withdrawal exercised according to Law, the Provider will reimburse all payments made in his favour, excluding shipping costs, without undue delay and within 14 days from when the withdrawal was communicated. Said reimbursements are carried out through the same method selected by the User for the initial transaction. Reimbursements can be suspended until the goods are received or until the User demonstrates the goods have been shipped.
12.2 (Exclusions)The User effectively starts the contract and accept the loss of his right of withdrawal, where provided (article 59, Dlgs 206/2005), when the order form is sent and properly compiled and attests the payment of the sum required to receive the digital contents through non material mediums. The user acknowledges that the Provider automatically activates the execution of its performance once the online order Form has been filled and the payment for the selected service is successful.
13) INFORMATION ON PERSONAL DATA PROCESSING
According to and for the purposes of article 13 of Regulation EU 2016/679 and Dlgs 196/2003, Edizione Ambiente srl headquartered in Milano via N. Battaglia 10, acting as “Data Controller” informs that the User’s personal data (as “interested” party) are processed for the following purposes and methods:
A) Processing purpose, nature of data transfer, consequences of negation.
Personal data are processed:
A.1) Without the consent of the Interested party, for the purpose of:
-perfecting or executing contracts relative to the services requested by the subject;
-fulfil Law obligations;
-the Controller exercising his rights recognised by law.
If the Interested subject fails to provide data, the Controller will not be able to perfect and/or carry out the aforementioned contracts.
A.2) following an optional and specific consent, for the following commercial purposes:
-provide the Interested party with information, newsletters, promotional communications regarding the goods and service provided by the Data Controller;
-send goods and services offered by third parties connected to the Data Controller.
The Controller will not be able to provide the required data without consent or in the case of a revocation.
B) Processing methods.
Data are gathered, recorded, organised, stored, consulted, elaborated, used and modified with both computer and paper-based instruments by product provision and client management operators. Safety measures are adopted to prevent access by unauthorised users, loss or illegal use of said data.
Data are stored for the purposes stated in A.1) for the time necessary to complete the objectives listed above and the exercise of related rights/obligations; for the purposes stated in A.2) not after the revocation of consent.
C) Rights of the Interested party and modes of operation.
The Interested party may at any time ask the Data Controller to: confirm the existence of the data; obtain information on their origin and contents; verify the exactness; names of third parties that may be communicated; integration and update; cancellation of data processed in violation of the law or those of voluntary origin processed for marketing purposes.
Said rights can be exercised by sending a specific request to the Controller through email, pec, or registered letter to: Edizioni Ambiente Srl, via N. Battaglia 10, 20127 Milano, telefono: 02/45487277; email@example.com; firstname.lastname@example.org.
The Interested party may also lodge a complaint to the competent privacy Authorities that can be located according to the cited rights sources.
14) COMPETENT JURISDICTION
This contract is only competent to the Jurisdiction of Milano, without prejudice to laws protecting customers, for all the controversies deriving from the present contract.
15) APPLICABLE LAWS
The Italian law applies for what is not provided by the contract
16) APPROVAL OF SPECIFIC CLAUSES
The client declares he has read and specifically approved the general conditions reported above and relative to: contract execution; terms of payment; limitation of laibility; limitation of warranty; information on privacy; prohibition on transferring; applicable law, competent jurisdiction; exclusion from the right of withdrawal.
Attachment: A) FORM to exercise the right to WITHDRAWAL
-in accordance with article 49, comma 1 letter h) Dlgs 206/2005 –
(fill and return this form only if you wish to withdraw from the contract)
-Recipient (name, geographic address and phone number, fax, email must be inserted by the professional if available):
-I/we hereby (*) communicate the withdrawal from my/our (*) contract for the sale of the following goods/services (*)
-Ordered on (*) received on (*)
-Consumer/s name (*)
-Consumer/s address (*)
-Consumer/s signature (only if this form is in paper form)