General Terms and Conditions of TheCube Archive s.r.l for the sale of digital content (“Photo Pack”)
1 Field of Application
- The following General Terms and Conditions (hereinafter “GTC”) apply to all contracts between The Cube Archive s.r.l. (based in San Giovanni Valdarno – AR – via Martiri della Libertà n ° 95 / f – email email@example.com – PEC firstname.lastname@example.org, hereinafter referred to as “TheCube”) and the Customers having as object the sale, through online platform of photographs and digital images (hereinafter referred to as “Digital Content” or “Photo Pack”) depicting garments from the digital archive made available by TheCube on its website http://www.thecubearchive.com (hereinafter “Garments”). Specifically, the term “Digital Contents” means each image contained in a Photo Pack, while “Photo Pack” means all the images relating to the same Garment.
2 Offer of Photo Packs and conclusion of the contract
- The presentation of the Photo Packs on the online shop of the site www.thecubearchive.com does not constitute an offer to the public pursuant to current legislation, but an invitation to the Customer to place an order, following which the selected Photo Pack will be displayed in the cart.
- By clicking on the [buy / order for a fee] icon, the Customer makes a binding offer to purchase the Photo Pack contained in the cart. The offer can be presented and delivered only after the Customer has accepted these GTC (made available on the specific page of the website www.thecubearchive.com) by selecting the “accept General Contract Conditions” box and has therefore incorporated these GTC in his offer.
- The confirmation of receipt of the order takes place simultaneously with the acceptance of the order itself by means of a specific automatic e-mail sent to the Customer by TheCube. The sales contract enters into force upon receipt of this confirmation e-mail, unless the Customer has chosen to pay by credit card (in which case the contract enters into force with the charge on the credit card)..
- The prices indicated on the website www.thecubearchive.com include the value added tax due by law.
- If different prices are not agreed with TheCube in writing, the prices valid on the day of the order are applied.
- The prices vary according to the Photo Pack proposed by TheCube and the quantity of Photo Packs purchased (also in the form of the so-called “Download Plan” which allow the download of a certain number of Photo Packs: eg Download Plan for 5 Photos Pack, Download Plan for 25 Photo Packs, etc.) and are displayed on the page dedicated to it.
- The purchase of the Photo Packs offered by TheCube entitles the Customer to download them within the non-extendable period of 60 days from the conclusion of the purchase contract.
§ 4 Delivery and payment
- The delivery of the purchased Photo Packs is carried out by sending a download link to the Customer.
- Delivery in a form other than the transmission of download links is subject to additional costs that will be communicated by TheCube to the Customer following a specific request..
- In case of advance payment, the Photo Packs are delivered within two working days from the confirmation of the credit of the amount due to TheCube. If payments are made by credit card, the Photo Packs are delivered no later than 2 (two) working days from the order.
- After receiving the payment, TheCube will send to the Customer via email the download link for the ordered Photo Packs. This download link is available to the Customer for sixty days. After successfully downloading the Photo Pack, the download link will be disabled automatically. If the download attempt fails, please contact TheCube by email at email@example.com to take advantage of the free link replacement.
§ 5 Use of Digital Content
- The use of the images contained in the Photo Packs by the Customer is strictly personal and allowed only for lawful purposes; otherwise, the customer will respond personally as required by law and with TheCube’s exemption from any liability in this regard.
- The Customer may make the images contained in the Photo Packs purchased by TheCube visible on its website and in its “social media” channels, provided that the words and/or the watermark “©thecubearchive.com” are affixed to them.
- In the event that TheCube deems the Customer is using the images contained in the Photo Packs in violation of this clause, it will have the legitimate right:
- to terminate the contract with immediate effect from the moment the Customer receives a specific written notice of termination;
- to request the immediate return and judicial prohibition for the use of the purchased Photo Packs;
- to refuse the sale of further Photo Packs to the same Customer;
The aforementioned faculties will be exercisable by TheCube also cumulatively.
- In any case, it is expressly understood that the Customer must compensate, indemnify and hold TheCube harmless from any and all liability, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interests, penalties and other costs and expenses, including costs for any legal assistance) suffered and/or that will be suffered by TheCube arising from or in connection with complaints, proceedings, accusations or requests resulting from the violation of this clause.
§ 6 Shipping Costs
- There are no shipping costs for delivery via download link (see clause n°3 of these GTC).
- In the event that the Customer requests the delivery of images in a different format (eg CD / DVD), TheCube will communicate the relative shipping cost (including physical copy of the Photo Pack, processing and shipping) and the delivery of the Photo Packs will take place only after the Customer has paid the price of the order, including shipping costs.
§ 7 Customer Account
- Following registration on the website www.thecubearchive.com TheCube provides each Customer with a personal account in which one’s orders are displayed.
- The account can be accessed by entering the order number in combination with the Customer’s email address.
§ 8 Warranty
- While the Photo Packs that can be viewed on the website www.thecubearchive.com are in low resolution, those delivered to the Customer following the order are in high resolution and equipped only with the TheCube watermark (placed in a position that does not prevent the full usability of the image).
- In the event of justified complaints, TheCube will comply with the statutory warranty provisions. Any replacement of images reworked or modified by the Customer is excluded.
§ 9 Data Protection
- The personal data provided by the Customer will be used exclusively for purposes related to order fulfillment. Therefore, such data may be transmitted to the bank in relation to the needs related to the payment procedures, while in case of delivery on physical support they will be transmitted to the shipping company in charge of the delivery..
§ 10 Image rights
- The free preview images that can be viewed on the site www.thecubearchive.com are not subject to the Customer’s right of use, even if registered on the site itself..
- As a result of the purchase of the Photo Packs, TheCube grants the Customer the non-exclusive, non-sublicensable and non-transferable right for the private use of the images that make up the purchased Photo Pack.
- The following are expressly prohibited:
- the resale to third parties, even partial, of one or more of the images contained in the purchased Photo Packs.
- any modification of the images through photographic composition or photomontage and / or by manual and / or technical and / or electronic means;
- the copy in any way and / or form of one or more of the images contained in the purchased Photo Packs;
- any use of one or more of the images contained in the purchased Photo Packs in connection with illegal, offensive or immoral content, as well as any modification and processing that distorts the images.
§ 11 Copyright notice
- The Customer acknowledges and agrees that all the images contained in the Photo Packs are works protected by copyright law.
- Any use, reproduction or transfer of one or more of the images contained in the Photo Packs is subject to TheCube’s copyright notice, which must be provided, unless otherwise indicated by TheCube, by means of wording and / or watermark “© thecubearchive. com “on the image.
§ 12 Discipline of the right of withdrawal
- The right of withdrawal pursuant to art. 52 and following of Legislative Decree no.205 / 2006 (so-called Consumer Code) for distance contracts and contracts negotiated away from commercial premises (so called “off premises contracts”) is excluded in this case as the Agreement between TheCube and the Customer falls both in the case referred to in Article 59 paragraph 1 letter a) – having as its object the provision of services whose execution by the professional takes place before the expiry of the legal deadline for withdrawal – both in the case referred to in Article 59 letter o) – concerning the delivery of Photo Packs on non-physical media – with the Consumer’s agreement and with the acceptance by the same of the loss of the right of withdrawal as a result of the execution of the contract by the professional.
- Without prejudice to the provisions of the previous paragraph (1), only and exclusively until the performance of the service by TheCube is the right of the Customer who holds the quality of Consumer, pursuant to Legislative Decree No. 206/05 and subsequent amendments, withdraw from the Rental Agreement, without indicating the reasons, within 14 (fourteen) days of signing it and provided that TheCube has not yet performed its service. To exercise the right of withdrawal, the Customer is required to inform TheCube (at the address of San Giovanni Valdarno – AR- via Martiri della Libertà n ° 95 / f – email firstname.lastname@example.org – PEC email@example.com) of the own decision to withdraw from the Contract through an explicit declaration (for example by registered letter with return receipt or PEC). To meet the withdrawal deadline, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.
- In the event that the right of withdrawal exists and the same is exercised within the terms set out in Legislative Decree 206/05 and subsequent amendments, the Customer will be entitled to a refund of the sums paid, including any delivery costs, without undue delay and in any case no later than 14 (fourteen) days from the day on which TheCube will be informed of the contractor’s decision to withdraw. from the Contract. These refunds will be made using the same payment method used by the Customer for the payment made, unless the Customer has expressly indicated otherwise. The costs for returning the Digital Content will be borne by the Customer and will not be reimbursed.
§ 13 Final provisions
- Any nullity and / or invalidity and / or in any case inapplicability, in whole or in part, of one or more clauses of these GTC, will not affect the full validity and applicability of the other contractual provisions.
- The contractual relationship that is the subject of these GTC, as well as these GTCs themselves, are entirely subject to Italian law, which regulates their conclusion, execution and termination, and on the basis of which the contract will be interpreted, also for the purpose of terminating the disputes arising from it.
- In the event that any disputes relating to the relationship between TheCube and the Customer governed by these GTCs cannot be resolved amicably, the parties expressly establish an exclusive competent court, pursuant to art. 28 and 29 of the Italian Civil Code, the Arezzo court, in any case without prejudice to the possible jurisdiction of the Consumer court where the Customer holds this quality.