Legal Notice.
These General Terms & Conditions govern the distance supply through electronic platforms of digital contents, apps, goods and / or services, software and similar (hereinafter, collectively, the “Digital Contents“) offered by subscription and license for use by Lancio Entertainment. S.p.A. These General Terms & Conditions are drawn up in compliance with the Italian legislative decree as of 6 September 2005, n. 206 (“Consumer Code“), with particular reference to Section II, and with the Italian legislative decree as of 9 April 2003, n. 70 implementing the EU Directive on Information Society services (so-called “E-Commerce Decree“).
1. DEFINITIONS.
1.1 For the purposes of these General Terms & Conditions it is intended (without distinction between use in the singular or plural) for:
a) “Lancio Entertainment S.p.A.”: the provider of the Digital Contents and/or of the Third Parties Digital Contents offered by subscription on Electronic Platforms (as defined below), or its intermediaries, licensees, distributors, resellers, authorized franchisees or any other authorized natural or legal person who legitimately identifies the Digital Contents and/or the Third Parties Digital Contents offered by subscription on Electronic Platforms with the trademarks or other distinctive signs authorized by Lancio Entertainment S.p.A. or with the trademarks or other distinctive signs of which Lancio Entertainment S.p.A. is a licensee as an authorized reseller and / or distributor;
b) “Customer”: is the natural person (consumer or professional, as defined below) or legal person who purchases a subscription to the Digital Contents and a license thereof on the Electronic Platforms by accepting these General Terms & Conditions;
c) “General Terms & Conditions”, these general conditions in the current version and applicable to the Customer as regulation for obtaining online, at a distance, on the Electronic Platforms a subscription and a license for Digital Contents and/or for Third Parties Digital Contents through the Distance Contract;
d) “Consumer”: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
e) “Distance Contract”: the contract relating exclusively to the setting up of a subscription to and of a license on the Digital Contents and/or on the Third Parties Digital Contents previously selected and paid by the Client to the holder of an Electronic Platform according to the terms and conditions provided by the holder of the concerned Electronic Platform where the payment process takes place, within the framework of an organized scheme for the sale of goods or the provision of remote services, without the physical and simultaneous presence of the Parties, through the exclusive use of one or more means of distance communication until the conclusion of the contract, including the conclusion of the contract itself;
f) “Parties”: Lancio Entertainment S.p.A. and the Customer, collectively;
g) “Digital Contents”: content, apps, digital goods and / or services, software and similar electronic or digital elements offered by Lancio Entertainment S.p.A. – as holder of any originary IP right thereof – by subscription and license through the stipulation of the related Distance Contract on the Electronic Platforms;
h) “Third Parties Digital Contents”: digital contents, apps, goods and / or services, software and similar electronic or digital elements offered by Lancio Entertainment S.p.A. – as third parties’ licensee – by subscription and license through the stipulation of the related Distance Contract on the Electronic Platforms and property of third parties who developed or created them and from whom Lancio Entertainment S.p.A. has acquired the right to offer them by subscription, sale or license on the Electronic Platforms on a case to case basis;
i) “Third Parties Digital Goods”: digital content, apps, goods and / or services, software and similar offered for sale, subscription and / or license on Electronic Platforms directly by third party suppliers through the stipulation of contractual agreements between the Customer and said third parties suppliers without any involvement of Lancio Entertainment S.p.A.; the definition of “Third Parties Digital Goods” also includes in-app purchases available during the Customer’s use of a Digital Content and/or of a Third Party’s Digital Content, such as the “Shop” option available within specific apps offered by Lancio Entertainment S.p.A. which allows the purchase of game credits by paying the relative value in euros on Electronic Platforms managed by third parties (e.g.: Google Play Store or Apple Store, etc.), without any involvement of Lancio Entertainment S.p.A.;
j) “Professional”: the natural or legal person who acts in the exercise of his / her business, commercial, craft or professional activity, or an intermediary thereof;
k) “Electronic Platform”: any electronic platform, web, mobile, website, digital market and similar owned and/or managed by third parties and available to the Customer, through specific and separate terms and conditions without any involvement of Lancio Entertainment S.p.A., for the selection, payment and purchase: (a) of Digital Contents and Third Parties Digital Contents; (b) of Third Party Digital Goods;
l) “Service”: the digital services offered or in any case available on the Electronic Platforms or that may be offered therein in the future, which can be purchased through the stipulation of contractual agreements between the Customer and said third party suppliers without any involvement of Lancio Entertainment S.p.A.;
m) “Remote Communication Technique“: any means which, without the physical and simultaneous presence of the Parties, can be used for the conclusion of the Distance Contract.
1.2 The rules specifically provided for the Consumer do not apply to Professionals.
1.3 Pursuant to art. 47, paragraph 2, of the Consumer Code, all the rules thereof governing distance contracts with consumers do not apply (and thus the corresponding clauses of these General Conditions) to distance contracts providing a consideration to be paid by the consumer not higher than 50 (fifty) euros. However, these provisions are applicable in the case of multiple distance contracts stipulated simultaneously between the same parties, if the amount of the overall consideration that the consumer must pay, regardless of the amount of the individual contracts, exceeds the amount of 50 (fifty) euros. In the event of inapplicability of the Consumer Code, both the rules of the E-Commerce Decree (applicable to both the Consumer and the Professional) and the rules of the applicable Italian Civil Code remain applicable.
2. SUBJECT.
2.1 These General Conditions govern the Distance Contract entered into by means of Remote Communication Techniques (including the online mode, through the Electronic Platforms) between Lancio Entertainment S.p.A. and the Clients concerning the activation of subscriptions and licenses on the Digital Contents and / or on the Third Parties Digital Contents for which the Client has paid the amounts provided by the separate commercial agreements with the managers / owners of the Electronic Platforms, regardless the circumstance that the payment of the related fees is carried out in the context of a different contractual relationship between the Customer and the manager and / or owner of the Electronic Platform where the purchase is made with the payment by the Customer directly in favor of the manager and / or owner of the Electronic Platform.
2.2. These General Conditions do not apply:
a) to the purchase and payment process related to the Digital Contents and/or to the Third Parties Digital Contents and/or to the Third Parties Digital Goods on the Electronic Platforms, which remains governed by the relative terms and conditions separately drafted and provided to the Customer by the holders/managers of said Electronic Platforms on which said process takes place (without any involvement of Lancio Entertainment S.p.A.); the purchase and payment process related to the Digital Contents and/or to the Third Parties Digital Contents, in particular, enables the successive activation by Lancio Entertainment S.p.A. of the subscription and license thereof;
b) to the purchase and payment process related to the Third Parties Digital Goods that the Customer may purchases starting from or in the context of the use of a Digital Content and / or of a Third Parties Digital Content. The Third Parties Digital Goods, their use, the conditions for their acquisition and the payment methods remain governed by the separate conditions, including contractual ones, separately drafted and provided to the Customer by the holders/managers of the Electronic Platform concerned.
2.3 The Distance Contract shall be governed by the most updated version of these General Conditions in force at the time of the download by the Customer.
2.4 The on-line activation of subscriptions and licenses on the Digital Contents and / or on the Third Parties Digital Contents and the stipulation of the related Distance Contracts are subject to the prior acceptance of these General Conditions and – when requested – to any online registration process of the Customer who requests activation through the relative procedure indicated from time to time.
3. INFORMATION TO CUSTOMERS.
3.1 Where the distance contract is stipulated between Lancio Entertainment S.p.A. and a Consumer, pursuant to art. 49 of the Consumer Code, the following mandatory information is provided below.
3.2 The business name, registered office and contact details of Lancio Entertainment S.p.A. as supplier of the Digital Contents and / or of the Third Parties Digital Contents are the following: Lancio Entertainment S.p.A. Registered office: Viale Bruno Buozzi, 58 00197 Rome – Tel: +39 06 3350644 – Fax: +39 06 3350632 – Email: [email protected] – certified email: [email protected] – Website: www.lancio-e.com. The registered office, in addition to the contact details listed in art. 3.5, letter (a), is assumed – also pursuant to art. 49, paragraph 1, letter (d) of the Consumer Code – as the address to which the Consumer can send complaints.
3.3 The main characteristics of the Digital Contents and / or of the Third Parties Digital Contents are highlighted within the Electronic Platforms by the holders/managers thereof and are available for review before moving on with the payment process and downloading by the Customer. In any case, the holder/manager of the Electronic Platform where the Consumer proceeds with the selection, payment and purchase of the Digital Contents and / or of Third Parties Digital Contents is the sole entity responsible for providing the following information pursuant to art. 49 of the Consumer Code before the download and / or the payment process start:
a) availability and price, inclusive of all taxes and duties imposed on the Consumer;
b) the circumstance, pursuant to art. 51 paragraph 2 of the Consumer Code, that the selection of a Digital Content and / or of a Third Parties Digital Content imposes on the Consumer the obligation to pay;
c) in the case of a permanent contract or a contract including a subscription, the total price including the total costs per billing period; when these contracts provide for the debit of a fixed rate, the total price is also equivalent to the total monthly costs; if the total costs cannot reasonably be calculated in advance, the methods of calculating the price will be provided;
d) payment modalities;
e) the duration/validity of the various offers and prices (even in the case of promotional, special and / or discount sales);
f) if applicable, the cost of using the means of distance communication for the conclusion of the contract when this cost is calculated on a basis other than the basic rate;
g) the duration of the contract and of the subscription to the Digital Content selected and – in the case of automatic renewal upon expiry of the duration period – the conditions for withdrawing from the contract;
h) the functionality of the Digital Content concerned, including the applicable technical protection measures;
i) any relevant interoperability of the Digital Content concerned with hardware and software, if applicable.
3.4 If the Distance Contract is stipulated through a Remote Communication Technique that allows a limited space or time to view the information (for example mobile phone screens), Lancio Entertainment S.p.A. will provide, on that medium in particular and before the conclusion of the contract, at least the following pre-contractual information, in a clear and readable form: the main characteristics of the subscription and license on the Digital Contents and / or on the third Parties Digital Contents, the corporate information referred to in clause 3.2 above, the duration of the subscription and of the Distance Contract and, in the case of permanent contracts, the conditions for termination of the Distance Contract. It is the responsibility of the managers and / or owners of the Electronic Platforms where the Consumer selects, pays and purchases the Digital Contents and / or the Third Parties Digital Contents providing, pursuant to this clause, the other information referred to in Article 3.3 above.
3.5 With reference to the right of withdrawal, see the following clauses 7, 8, and 9 of these General Conditions.
3.6 In addition to the mandatory information above, the other information required by both the Consumer Code and the E-commerce Decree in favor of both Consumers and Professionals are also reported below:
a) with reference to the details to contact Lancio Entertainment S.p.A. and to communicate directly and effectively, including telephone number, fax number and e-mail address: – Tel: +39 06 3350644 – Fax: +39 06 3350632 – Email: [email protected] – Certified Email: [email protected] – Website: www.lancio-e.com;
b) enrolling number to the Register of Companies: RM – 1498511
c) VAT number: 14122171003.
3.7 The online publication of these General Conditions and Article 3 above are intended as providing of information on a durable medium to the Consumer pursuant to art. 51 of the Consumer Code.
4. INFORMATION FOR THE CONCLUSION OF THE DISTANCE CONTRACT
4.1 Art. 11 of the E-commerce Decree requires each supplier of goods and / or services to provide customers with specific information aimed at concluding the distance contract. Hereinafter Lancio Entertainment S.p.A. complies with the related disclosure obligations towards customers.
4.2 With reference to the different technical steps to be followed in order to conclude the contract, it is specified that the subscription and the license on the Digital Contents and / or on the Third Parties Digital Contents are activated after the Customer has paid the fees thereof on the Electronic Platforms, based on the terms, conditions and methods provided therein by the managers and / or owners who must provide the procedure allowing at any time the Customer to verify and then validate any information entered and to correct errors. Payment is the pre-requirement of the activation by Lancio Entertainment S.p.A. of the subscription and license on the Digital Content and / or on the Third Party Digital Content purchased by the Customer.
4.3 With reference to the way in which the Distance Contract, once concluded, will be filed and the relative access methods by the Customer, the Customer will receive from the Electronic Platform manager an email summarizing the purchase made. Further, this Distance Contract and these General Conditions will always be available in the “Purchases” area of the Customer’s account settings or in any case on the Electronic Platform concerned.
4.4 With reference to the technical means made available to the Customer to identify and correct data entry errors before the download, the manager of the Electronic Platform concerned requests confirmation of the correctness of the data entered and automatically reports any errors deriving from the omitted indication of mandatory data in the various fields of the online order.
4.5 The languages available to conclude the contract in addition to Italian are: English.
4.6 With reference to the indication of the alternative dispute resolution proceedings, see Article 12 hereinbelow.
4.7 The clauses and general conditions of the contract proposed to the Customer are and always remain at his/her disposal: storage and reproduction are always possible by saving the web page or through the copy / paste option or through the option of sending the texts to the Customer’s e-mail box.
5. CONCLUSION OF THE DISTANCE CONTRACT
5.1 By carrying out the payment to the holder/manager of the Electronic Platform and by starting the download of the Digital Content and / or of the Third Parties Digital Content purchased, the Customer requests the activation of a subscription and a license relating to one or more Digital Contents and / or Third Parties Digital Contents, subject of the Distance Contract.
5.2 Before sending the request for activation of a subscription and a license relating to one or more Digital Contents and / or Third Parties Digital Contents purchased, Customers are invited to ensure that they have read and understood these General Conditions and the instructions available to download and activate of the subscription and license on the Digital Contents and / or on the Third Parties Digital Contents, as they will be binding once the Distance Contract shall be concluded with its acceptance by Lancio Entertainment S.p.A. By sending the activation request to Lancio Entertainment S.p.A. the Customer acknowledges and declares to have read all the information provided to him/her during the download and activation procedure of the subscription and the License on the Digital Content and to fully accept these General Conditions. If there are differences between the subscription requested and the one actually activated by Lancio Entertainment S.p.A., the Customer who has not challenged the discrepancy by registered letter or via certified email to the address [email protected] sent within ten (10) days from the activation of the subscription is required to accept it as it was activated.
5.3 By accepting these General Terms and Conditions, the Customer declares:
a) to be of legal age;
b) to have the legal capacity to enter into a binding contract;
c) that the information provided to Lancio Entertainment S.p.A. is up-to-date, accurate and sufficient;
d) to have fully understood the obligations to be fulfilled by the Customer as connected to the conclusion of the Distance Contract, including the circumstance that purchasing Digital Contents and/or Third Parties Digital Contents implies the obligation to pay the related fees to the managers/holders of the Electronic Platform concerned, as a pre-requirement to set up the subscription and the license thereof.
e) by using our Services, customer might also use third party services, such as Apple, Facebook, or Google. We do not control how they interact with customer and customer should ensure that consent to the terms of use and privacy policies offered by the third party services before providing them with his information.
6. CONCLUSION AND PERFORMANCE OF THE DISTANCE CONTRACT.
6.1 The conclusion and the performance of the Distance Contract shall take place with the activation of the Digital Content and / or of the Third Parties Digital Content offered by Lancio Entertainment S.p.A. and expressly requested by the Customer by sending a specific request to activate the download, subscription, license on the Digital Content selected and previously paid to the managers/holders of the Electronic Platform concerned. The time of the conclusion of the Distance Contract shall be that of the starting of the download by the Customer, with the simultaneous supply of the Digital Content on the Customer’s device and the activation of the relevant subscription and license.
6.2 Lancio Entertainment S.p.A. is responsible for providing maintenance and assistance only for Digital Contents of which it is the creator and developer, or as required under applicable law. Third Parties Digital Content providers offered by Lancio Entertainment S.p.A. are responsible for providing maintenance and support for such Third Parties Digital Contents.
7. RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT.
7.1 Only Consumers can withdraw from the Distance Contract, according to the Consumers Code and in compliance with the following clauses. The right of withdrawal is therefore excluded for Professionals.
7.2 Except as provided in article 8 hereinbelow, Consumers have a period of fourteen (14) days to withdraw from the Distance Contract (and from the related subscription / license on the Digital Contents) without having to provide any reason, without incurring any liability and without incurring any cost.
7.3 The withdrawal period referred to in clause 7.2 ends after fourteen (14) days from the day of the conclusion of the Distance Contract pursuant to Article 6.1 above.
7.4 Before the withdrawal period expires, the Consumer shall inform Lancio Entertainment S.p.A. of his/her decision to withdraw from the Distance Contract. To this end, the Consumer can:
a) use the withdrawal form referred to in article 7.5 (which is not mandatory);
b) submit any other explicit withdrawal declaration to Lancio Entertainment S.p.A. Viale Bruno Buozzi, 58 00197 Rome – also via Email to: [email protected] or via certified email to: [email protected].
The Consumer shall be deemed to having withdrawn from the Distance Contract in time if the withdrawal communication is sent by him/her at any time before the expiry of the withdrawal period. In such cases, Lancio Entertainment S.p.A. shall acknowledge receipt, on a durable medium (including email), of the Consumer’s withdrawal. The burden of proof relating to the exercise of the right of withdrawal in accordance with this article lies with the Consumer.
7.5 The withdrawal form shall include at least the following information:
– Recipient [name, geographical address and, if available, the telephone number, fax number and e-mail addresses must be entered]:
– I / we (*) hereby notify the withdrawal from my / our (*) sales contract for the following goods / services (*)
– Ordered on (*) / received on (*)
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only if the form is notified on paper
– Date
8. EXCLUSION OF THE RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT.
8.1 Provided that the Digital Contents and / or the Third Parties Digital Contents are supplied on non-material supports, pursuant to Article 59, paragraph 1, letter (o) of the Consumers Code regarding the right of withdrawal referred to in article 7 above is excluded in certain cases as specified hereinbelow.
8.2 In addition to what is already provided for in clause 7.1 of these General Conditions, the right of withdrawal is excluded in case of supply of digital content through a non-material support if the execution has begun with the express agreement of the consumer and with his acceptance of the fact that in this case he/she would have lost the right of withdrawal..
8.3 Consequently, the Consumer, by accepting these General Conditions and by starting the download, expressly declares to request the early execution of the Distance Contract and the immediate activation of the subscription and the license on the Digital Content and / or on the Third Parties Digital Content thereof previously purchased on the Electronic Platform concerned and declares to accept expressly and in full awareness the loss of the right of withdrawal. Starting the download of one or more Digital Contents and / or of Third Parties Digital Contents is equivalent to the express declaration by the Consumer of request for immediate execution of the Distance Contract, with the aware waiver of the right of withdrawal.
9. EFFECTS OF THE RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT. OBLIGATIONS OF THE PARTIES.
9.1 The exercise of the right of withdrawal by the Consumer – where admitted pursuant to the combined provisions of articles 7 and 8 of these General Conditions and to be exercised within the terms and in the manner specified – terminates the Parties’ obligation to perform the Distance Contract as well as the subscription and the license on the Digital Contents concerned.
9.2 Where the right of withdrawal is validly exercised, the Digital Contents and / or the Third Parties Digital Contents shall be disabled and not available any more.
10. TERMINATION OF THE DISTANCE CONTRACT, OF THE SUBSCRIPTION AND OF THE LICENSE ON THE DIGITAL CONTENT
10.1 Customers may terminate at any time the subscription to the Digital Contents and / or to the Third Parties Digital Contents purchased on the Electronic Platform concerned. Following the receipt by Lancio Entertainment S.p.A. of the termination declaration, any fees or payment requests related to the terminated subscription will be interrupted by the manager of the Electronic Platform concerned.
11. LICENSE AGREEMENT ON THE DIGITAL CONTENTS.
11.1 The Digital Contents and / or the Third Parties Digital Contents available on the Electronic Platforms as offered by Lancio Entertainment S.p.A. upon payment by the Customer of the relative fees to the manager of the Electronic Platform concerned, are licensed, not sold to the Customer. The license in relation to any Digital Content is subject to the prior acceptance of this Distance Contract, these General Conditions and the License Agreement contained herein. The license in relation to any Digital Content created and/or developed by Lancio Entertainment S.p.A. is granted by Lancio Entertainment S.p.A., while the license on Third Parties Digital Contents is granted by the relevant developers and rights holders (hereinafter, Lancio Entertainment S.p.A. and the supplier of Third Parties Digital Contents are collectively referred to as the “Licensor“). Below, the Digital Contents of Lancio Entertainment S.p.A. as well as the Third Parties Digital Contents offered by subscription by Lancio Entertainment S.p.A. are collectively referred to under this license as a “Licensed Application.
11.2. Scope of the license: the Licensor grants the Customer a non-transferable license for the use of the Licensed Application on any compatible device. The terms of this License shall govern any content, material or service accessible from or purchased within the Licensed Application, as well as updates provided by the Licensor that replace or supplement the original Licensed Application, unless such update is accompanied by a specific license. The Customer may not distribute or make the Licensed Application available on a network where it can be used by multiple devices at the same time. The Customer will not be able to transfer, redistribute or sub-license the Licensed Application and, if he sells his device to a third party, he shall have to remove the Licensed Applications from the device before the sale. The Customer may not copy (except as permitted by this License and by any applicable law), reverse engineer, disassemble, attempt to obtain source code, modify or create derivative works from the Licensed Application or from any part thereof, including available updates (except and to the extent such limitations are prohibited by any applicable law or to the extent permitted by the license terms governing the use of open-source components eventually included in the Licensed Application).
11.3 License Termination. This License shall remain into effect until terminated by the Customer or by Licensor. Customer’s rights under this License shall automatically terminate if the Customer fails to comply with any of the terms herein.
11.4 External Services. The Licensed Application may enable access to Licensor’s and / or third parties’ services and websites (jointly and individually “External Services“). The Customer agrees to use the External Services at his/her own sole risk. The Licensor shall not be liable for examining or evaluating the content or accuracy of any third party’s External Service and shall not be liable for any such third party’s External Service. The Customer shall not use the External Services in any way that is contrary to the terms of this License or that is in breach of the Licensor’s or third party’s intellectual property rights. The Customer agrees not to use any External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor shall not be liable for such use. To the extent that the Client decides to use such External Services, he/she is solely responsible for compliance with any applicable law. The Licensor reserves the right to modify, suspend, remove, disable or impose restrictions or limitation on access to any External Service at any time without notice or liability thereof.
11.5 Guarantee: The Licensor shall use reasonable care and diligence in providing the Licensed Application and any External Service made available to the Customer via the Licensed Application. The Licensor does not undertake any other commitment or guarantee with reference to External Services and in particular does not guarantee that:
(i) the use by the Customer of the External Services shall take place without interruption or shall be error-free;
(ii) the External Services shall be free from loss, damage, attacks, viruses, interference, hacker activities, or other intrusions in the security systems as force majeure’s events, and the Licensor waive any liability thereof. It shall be the Customer’s responsibility to back up his/her system, including any Licensed Application stored on his/her system.
11.6 Limitation of Liability. In no event shall the Licensor, its directors, officers, employees, affiliates, agents, contractors, principals or licensors be liable for any loss or damage caused by the Licensor, its employees or agents where:
Nothing in this License Agreement excludes or limits the Licensor’s liability for fraud, gross negligence, willful misconduct, or for death or personal injury caused by its negligence.
11.7 Intellectual and Industrial Property Rights. No intellectual or industrial property rights on the Licensed Application and / or on any Digital Content and / or on any Third Parties Digital Content are transferred to the Customer by entering this License Agreement, these General Conditions or the Distance Contract. The exclusive holders of the intellectual and industrial property rights are and remain Lancio Entertainment S.p.A. and its suppliers, assignors or third parties owners of the Third Parties Digital Contents who – in the event of any breach by the Customer – shall act in any jurisdiction shall act according to the applicable law rules for the protection their rights.
12. GOVERNING LAW AND JURISDICTION.
12.1 This Distance Contract, these general Terms and Conditions and the License Agreement have been drafted and shall be applied and interpreted in accordance with the laws of the Italian Republic, with particular reference – for the Consumers – to the provisions of Chapter I, Section IV, art. 66-quater – of the Consumer Code.
12.3 For disputes arising from this Distance Contract, the territorial jurisdiction is of the judge of the place of residence or domicile of the Consumer, if located in the territory of the State.
12.3 In all other cases, disputes between Lancio Entertainment S.p.A. and the Customer connected or in any case arising from these General Conditions, this Distance Contract of from the License Agreement are exclusive of the Court of Rome, within the limitation provided:
12.4 With reference to alternative dispute resolution methods, Customers are informed, also pursuant to art. 141-sexies of the Consumer Code for Customers represented by Consumers – that a specific EU web platform is available for the extra-judicial alternative resolution of disputes for online purchases (hereinafter, “ODR Platform“) as provided by the EU Regulation 524/2013 (hereinafter, the “Regulation“). This alternative dispute resolution method can be activated by the Consumer who is party to contracts for the sale of goods and / or the supply of online services. The online contract must be in force between a consumer resident in the European Union and a supplier established in the EU. In some countries, even the Professional can request the activation of the out-of-court dispute resolution procedure by acting against a consumer. Pursuant to art. 14 of the Regulation, suppliers established in the EU who operate through contracts for the sale of goods and / or the supply of online services are obliged to provide an electronic link to the ODR Platform on their websites. In fulfillment of this obligation, click here to access the platform. It is specified that the provision of the link to the ODR Platform takes place exclusively for information purposes only to the Consumer.
12.5 Should specific provisions of these General Conditions be deemed invalid or inapplicable, these General Conditions shall be interpreted in such a way as to reflect the common intentions of the Parties, in accordance with the remaining provisions.
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