General terms and conditions of sale

Unless otherwise specified, these General Terms and Conditions of Sale (the "GTCOS") apply to all purchases of products or services (the "Product(s)" or "Service(s)") sold through this website (the "Site") by eclent s.r.l.s. (the "Company") or through any companies affiliated or controlled by it. The Company is an Italian company with registered and operational headquarters in S.V. Baldedda Monte Furru, 18F, C.F. and P.IVA n° 02785310901 - REA SS n° 204545.

1 - General

By placing an order on the Site, the Customer (the "Customer") accepts these GTCOS. The Customer must have the legal capacity to stipulate a contract. The Company reserves the right to change the GTCOS at any time and without notice. The GTCOS applicable to the purchase are those published on the Site at the time of the order. These GTCOS shall not affect the consumer's rights that are protected by applicable legislation. The Customer may not assign or delegate the rights deriving from these GTCOS to third parties. If the nullity, illegality or non-applicability of one or more parts of these GTCOS is recognized in court, these will be declared null and void without affecting the validity of the remaining GTCOS. The heading attributed to the clauses of these GTCOS shall be understood as a simple reference and shall in no way interfere with the interpretation of these GTCOS.

2 - Products, offers, acknowledgment and acceptance

The descriptions of the Products and Services are published on the Site and may be consulted before placing an order. The photographs and images have no contractual value. The prices, quotations, descriptions and offers referred to on the Site may be modified, deleted or revised at any time. The Company reserves the right to decline an order without valid reason and without any liability. After receiving an order request, the Company will send an email notifying receipt of the order, with all references to the order itself and to the Products and/or Services ordered. This email constitutes notification of receipt of order, but does not imply acceptance of the order. The acceptance of the order and the stipulation of the sales contract between the Company and the Customer will only take place at the time of delivery of the Product or, in the case of Service, at the time the Service is performed. The choice of the Product or Service, after having examined its characteristics, is considered to be made under the sole responsibility of the Customer and on the basis of his/her own needs. In fact, the Customer is the only one who knows the characteristics of the hardware, software and configurations used by him/her and is therefore the only one who can judge their compliance and compatibility with the Products or Services purchased. At the time of ordering, the prices, volumes, quantities and characteristics of the Products or Services ordered are accepted. The Company reserves the right to decline the order of a Customer with whom there have been disputes regarding the payment of a previous order. The Company will take all necessary steps to ensure that prices and descriptions of the Products and Services indicated on the Site are accurate, but cannot guarantee the accuracy of all information published. The Company reserves the right to notify you of any errors in the Products or Services, or in the specifications of your order prior to processing your order. In such case, the Company will send the correct information to the Customer so that the Customer can confirm the order according to the correct terms and conditions or cancel the order. Confirmation of the order shall entail confirmation that the Product or Service has been provided in accordance with these GTCOS. The Company will use its best efforts to ensure that the Products and Services appearing on the Site are available. However, it cannot guarantee the immediate availability of all Products or Services at the time of your order. If it is impossible to process an order, the Company shall be entitled to:

- Reject the order without any responsibility, direct or indirect. In this case the Company will send an email notification to the Customer and will refund any payments already made.
- Propose to the Customer the purchase of alternative Products or Services.
- Make the Product or Service available again within 30 (thirty) days from the date of order. If, after this period of time, the Product or Service is still unavailable, the order will be cancelled (without any responsibility, direct or indirect, imputable in any way to the Company) and an email notification of cancellation will be sent to the Customer.

After the confirmation of the order, the Company will keep recorded, for a reasonable period of time, the data relating to orders received, order confirmations, acceptances and everything related to the contract. The Company may provide the Customer with copies of such documentation, although it is advisable to print or save a copy of all documentation and these GTCOS.

3 - Prices and payment conditions.

All prices of Products and Services are published on the Site and are to be considered as net of local taxes (IVA, VAT or other). All prices are published in Euro. If a Product or Service is subject to sales tax in the country in which the order is placed and delivered, the tax will be calculated on the sales price of the individual item. The Company reserves the right to change the prices of Products and Services at any time, even without prior notification. The applicable prices for the Products and Services are those in force at the time the order is confirmed. Payment for the Products or Services ordered must be made prior to delivery, exclusively by the methods indicated on the Site (other methods are excluded, unless previously negotiated). On the Site, credit card transactions are secured and are made through the "Stripe Checkout" payment system, offered and managed by Stripe Inc. (www.stripe.com). The credit card number is automatically communicated to the Stripe Checkout payment system through a direct encrypted connection. During or after the transaction, the essential data (credit card numbers, validation number, etc.) are not registered in any way by the Company.

4 - Deliveries and risks

The delivery of downloadable Products and directly usable Services (e.g. access to any SaaS platforms) is considered immediate, unless otherwise specified. The Company guarantees the respect of delivery times. If it is impossible to deliver the Products or Services within the specified time, payments will be refunded upon request by the Customer and the Company will not be liable in any way for any direct or indirect damage caused by non-delivery. If the Customer refuses or does not collect or use the Products or Services purchased in accordance with these GTCOS, the Company shall not be obliged to reimburse the Customer.

5 - Downloading Products and accessing Services

In the case of the purchase of a downloadable Product, at the end of the payment procedure the Customer will be enabled to access his personal download area (unless otherwise specified) from which he will be able to access the download of the purchased downloadable Products. Each Product is available for download for the time specified in the description of the purchased Product. On expiration of such period, it is possible to subscribe to a "renewal of the download period" which extends the availability of the Product for download for a period specified at the time of renewal. In the case of the purchase of a Service, at the end of the payment procedure the Customer will be entitled to access his/her personal area (unless otherwise specified) from which he/she can access the purchased Service. Access to each Service is available for the time specified in the description of the purchased Service. At the expiry of this period it is possible to subscribe to a "renewal of the access period" which extends the availability of the Service for a period specified at the time of renewal.

6 - Support

The Company provides support and technical assistance to the Customer for the Products and Services purchased. The support differs depending on the Products and Services themselves, as indicated in the description pages on the Site related to them. The Company may change these conditions at any time and without notice. The applicable conditions are those valid at the time of sale. Technical support may be provided either by the Company or by partner or related companies. In general and where not specified, the Company provides a technical support service relating to any errors or malfunctions attributable to bugs or design errors that cause, in the platforms on which the Services are based or in the Software Products, unexpected, incorrect or otherwise different behaviour from that illustrated to the Customer. The technical assistance service is subject to time limits (specific for each Product or Service) and is exempt from further expenses to be charged to the Customer. Any request for assistance can be communicated exclusively through the appropriate channels that will be specifically communicated to the Customer. The Company undertakes to take charge of and resolve the requests communicated by the Customer as soon as possible, compatibly with the technical and organizational needs of the Company itself. Any damage or malfunctioning caused by the Customer or attributable to inexperience of the same, as well as any changes or customizations, are not subject to standard assistance from the Company and may be subject to specific interventions with costs, methods and timing to be assessed separately on a case by case basis. Maintenance and assistance interventions may be carried out by personnel employed by the Company or by third parties delegated by the Company itself. The Company shall ensure that all maintenance or service work is performed by personnel with the necessary skills to execute such work "in a state of the art manner".

7 - Withdrawal

In case of purchase of a Service, the Customer may exercise the right of withdrawal within 14 (fourteen) days from the date of purchase of the Service itself. In the case of the purchase of a Software Product, unless otherwise specified, the Customer may not exercise the right of withdrawal because it is digital content supplied through a non-material medium (in this case the execution of the sales contract is deemed to have begun with the express agreement of the consumer, or with the delivery of the Product). THEREFORE, WITH THE ACCEPTANCE OF THESE GTCOS, IF THE PURCHASE REFERS TO A DOWNLOADABLE SOFTWARE PRODUCT, THE CUSTOMER AGREES TO NOT BE ABLE TO USE THE RIGHT OF WITHDRAWAL (UNLESS OTHERWISE SPECIFIED). When exercising the right of withdrawal, if any, the amount paid for the cancelled order will be refunded by the Company to the Customer within 14 (fourteen) days from the date of receipt of the notice of withdrawal. The refund will be made using the same means of payment used by the Customer for the initial transaction, unless otherwise expressly agreed between the parties. To exercise the right of withdrawal, the Customer must send a specific request to the Company. This request must contain the Customer's identification data and order references and must be sent by the Customer to the Company by email to: This email address is being protected from spambots. You need JavaScript enabled to view it.

8 - Limit of liability

THE SOFTWARE, SERVICES AND RELATED MATERIALS (WHERE APPLICABLE AND UNLESS OTHERWISE EXPRESSLY STATED) ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CORRESPONDING SOFTWARE, SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE OR DOWNLOAD WILL BE ERROR-FREE. IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, DISTRIBUTORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) RELATED TO ANY CLAIM, LOSS, DAMAGES, ACTIONS, SUITS OR OTHER PROCEEDINGS ARISING OUT OF OR RESULTING FROM THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, YOUR USE OF, ACCESS TO OR EXPLOITATION OF SOFTWARE, SERVICES AND CORRESPONDING MATERIALS OR PARTS THEREOF, OR YOUR RELIANCE ON THEM, AND ANY RIGHTS GRANTED TO YOU UNDER THESE TERMS AND CONDITIONS, NOTWITHSTANDING NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. This limitation of liability is not intended to exceed the statutory limits or for cases of intent or gross negligence.

9 - Data protection

The Company collects personally the information provided by the Customer in order to serve the legitimate business purposes. It uses this information and maintains appropriate safeguards to ensure security, integrity and privacy. The Company takes the necessary steps to ensure that third parties to whom it transfers data provide protection for such information. For more information about data processing, please refer to the Privacy Policy.

10 - Licenses and intellectual property

The delivery of the Product is not to be considered under any circumstances as a transfer of ownership of the intellectual rights relating to the Product itself or parts of it, unless otherwise specified. Unless expressly permitted by specific license terms (for example when the Product is supplied under Open Source or similar licenses), it is generally prohibited to copy, adapt, translate, make available to third parties, distribute, vary, modify, disassemble, decompile, or combine with other products the Product purchased. For specific information regarding such rights, the Client must refer to the license, if any, provided by the Company with the Product. In the absence of a specific license for a particular Product, please refer to these GTCOS. Unless otherwise specified, all copyrights and any other intellectual or industrial property rights or any other rights of any kind in the Products belong to the Company or their respective owners. Such works are protected by local laws and international treaties on industrial property and copyright, and rights in them are expressly reserved.

11 - Disputes and applicable law

Other versions of these GTCOS different from the Italian version are provided exclusively to facilitate the Customer and are translations made in good faith from the original Italian version. Although these GTCOS may be published on the Site in languages other than Italian, the original Italian version is the only authoritative version to refer to in the event of disputes. These GTCOS are subject to Italian law. The User agrees to receive notification of any citations or proceedings that may become necessary by email, registered mail or express courier with acknowledgement of receipt, sent to the address or delivery address provided when registering on the Site (or when activating a Service or downloading a software Product offered by the Company), or to any other address that may be communicated to us in writing from time to time. Any dispute arising under or in connection with these GTCOS, including without limitation, disputes relating to their validity, interpretation, performance and breach, shall be submitted to the exclusive jurisdiction of the Italian courts.

12 - Competent Court

The parties irrevocably agree that all disputes shall be settled exclusively by the judge of the Court of Sassari (Italy), it being understood that the User acknowledges that the Company has the right to initiate proceedings to recover any amounts due to it under these GTCOS in any jurisdiction in which the User operates or owns assets and that the Company may initiate legal proceedings in any jurisdiction in relation to the enforcement or protection of intellectual property rights owned by the Company.

13 - Entire agreement

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE GTCOS AND AGREE TO BE BOUND BY THE CORRESPONDING TERMS AND CONDITIONS. YOU ALSO AGREE THAT THESE GTCOS REPRESENT THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU AND THE COMPANY, SUPERSEDING ANY PRIOR PROPOSALS OR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE COMPANY.