1. Scope of Application
1.1 These general terms and conditions of sale (hereinafter referred to as “GTC”) of Gaetano Manfredi (hereinafter referred to as the “Seller”) apply to all contracts concluded between the Seller and the counterparty (hereinafter referred to as the “Customer”) relating to the sale, supply, or temporary transfer of various digital content, digital products, and non-digital products (hereinafter collectively referred to as “Products”). To the extent that the Seller also offers services, they will be provided solely as ancillary to the aforementioned purchase contracts. Any general terms and conditions of the Customer that deviate from, contradict, or supplement these GTC will only become part of the contract if explicitly accepted by the Seller and only to the extent determined by the Seller. Any tacit acceptance of the Customer’s general terms and conditions through conclusive conduct by the Seller is expressly excluded. Consent will also be required in cases where, for example, the Seller provides services to the Customer without reservation, despite being aware of the Customer’s general terms and conditions of sale.
1.2 These GTC apply to both consumers (§ 13 Italian Civil Code) and businesses (§ 14 Italian Civil Code). Unless otherwise specified in these GTC, all conditions apply equally to contracts concluded with both businesses and consumers. Conditions that do not apply to consumers, or apply only in a limited capacity, are highlighted in bold.
1.3 These terms also apply to future contractual relationships between the Customer and the Seller. They are applicable regardless of whether specific reference is made to them in individual cases. For consumers, these terms will apply to future contracts where the main subject of the contract is the supply of digital and non-digital products.
1.4 For the purposes of these GTC, digital content refers to all digital offers, excluding digital products, such as digital access codes, product keys, or other information available in digital form.
1.5 For the purposes of these GTC, digital products refer to all software not stored on physical data carriers, which is made available for download by the Seller, potentially following the granting of specific usage rights as outlined in clauses 5 and 6.
1.6 For the purposes of these GTC, non-digital products refer to all software stored on a physical data carrier that is sold in physical form by the Seller, potentially following the granting of specific usage rights as outlined in clauses 5 and 6, as well as other types of physical products.
1.7 By placing an order following the procedure outlined in clause 2.2, the Customer declares acceptance of these GTC.
2. Conclusion of the Contract
2.1 The prices, offers, and descriptions of goods and other services displayed or referenced in the online shop do not constitute a contractual offer.
2.2 The Customer may submit their contractual offer using the appropriate order form integrated into the Seller’s online shop. Here, after the Customer has added the selected Products to the virtual cart and completed the virtual order process, by pressing the button that finalizes the purchase process “PLACE ORDER” (below which the Customer can consult the current GTC), the Customer will submit a legally binding contractual offer for the Products in the cart.
2.3 Before submitting the binding order through the Seller’s online form, the Customer may identify any errors in the entered data by carefully reviewing the information displayed on the screen. A helpful technical tool for spotting typographical errors is the zoom function of the browser, which allows the screen to be enlarged. The Customer can correct any of the entered data during the ordering process using the standard mouse and keyboard functionalities at any time before finalizing the order by clicking the “CONFIRM ORDER” button.
2.4 Upon submitting a contractual offer via the Seller’s online order form and before the Seller accepts the Customer’s offer, the Seller will archive the contract text. It will then send the contract text back to the Customer after the Customer has submitted their order, along with a copy of these GTC in written form (e.g., by email, fax, or mail). This communication does not constitute acceptance of the Customer’s offer, but is intended solely to inform the Customer that the Seller has received the order. The contract between the Seller and the Customer will only be concluded following a subsequent action by the Seller, as specified in clause 2.5. Furthermore, the contract text will be archived on the Seller’s website and may be accessed by the Customer for free within their password-protected account, provided the Customer has set up an account in the Seller’s online shop before placing the order.
2.5 The Seller may accept the Customer’s offer within five days by either: sending the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or by requesting payment from the Customer after receiving the order.
If more than one of the aforementioned alternatives is available, the contract will be concluded at the moment one of the aforementioned situations occurs.
2.6 The period for accepting the offer, as outlined in clause 2.5, starts the day after the Customer sends the offer and ends at the close of the fifth day following the submission. If the Seller does not accept the Customer’s offer within this timeframe, the offer will be considered declined, and the Customer will no longer be bound by their offer.
2.7 The contract will only be concluded in the Italian language.
2.8 If the Customer provides their email address for the purpose of concluding the contract, they must ensure that emails sent by the Seller are received at that address. In particular, if the Customer uses spam filters, they must configure them to allow the proper receipt of emails sent by the Seller or third parties authorized by the Seller to process the order. The Seller or third parties authorized by the Seller to process the order will configure emails to ensure that the appearance and text profile of the messages do not objectively make them appear as spam.
2.9 The Seller undertakes to ensure the availability of the Products displayed in the online shop. However, it cannot guarantee that all Products will be available at the time of order. If the Seller is unable to process or fulfill an order, the Customer will be informed accordingly.
3. Subject of the Contract
3.1 The Seller makes Products available to the Customer. The services offered by the Seller are to be understood exclusively as ancillary services related to contracts for the supply of Products. The agreed nature of the service will prevail. For the provision of services, the Seller may use, at its discretion, its own employees, subcontractors, or other parties to whom it may delegate the task.
3.2 In the case of contracts for the supply of non-digital products, the Seller’s performance will be based on the description available on the Seller’s online shop. Reference is made to the provisions related to the reservation of ownership contained in clause 10. In the case of contracts for the supply of software (hereinafter referred to as “Software Purchase”), the Seller will be obliged to permanently transfer the software specified in the license. The Seller will be required to deliver a copy of the software on an appropriate data carrier, such as a CD-ROM, Blu-ray disc, or USB flash drive, as well as a printed or downloadable version of the relevant user documentation. Until full payment of the purchase price as specified in clause 8, ownership reservation by the Seller applies to all data carriers and user documentation. The characteristics of the software will be determined by the product description in the Seller’s online shop. The Seller will also be responsible for granting the rights specified in clause 4.
3.3 In the case of contracts for the supply of digital products, the Seller will be obliged to:
a) For contracts related to the supply of software (hereinafter referred to as “Software Purchase”), permanently transfer the software specified in the license in object code form. The Seller will also be required to provide a method for downloading the software and to deliver a version of the relevant user documentation in either printed or digital form via download. Until full payment of the purchase price as specified in clause 8, ownership reservation by the Seller applies to the user documentation. The characteristics of the software will be determined by the product description in the Seller’s online shop. The Seller will also be responsible for granting the rights specified in clause 4;
b) For contracts related to the temporary transfer of software (hereinafter referred to as “Software Rental”), transfer the software specified in the license for a limited period of time in object code form. The Seller will also be required to provide a method for downloading the software and to deliver a version of the relevant user documentation in either printed or digital form via download. Until full payment of the purchase price as specified in clause 8, ownership reservation by the Seller applies to the user documentation. The characteristics of the software will be determined by the product description in the Seller’s online shop. The Seller will also be responsible for granting the rights specified in clause 5.
3.4 For contracts related to the supply of digital content, the Seller will be obliged to make the digital content available. The use of the digital content transferred to the Customer is subject to compliance with the usage conditions established by the respective provider. The use of the digital content is conditional upon the full payment of the purchase price as defined in clause 8. The Seller may authorize temporary use before this deadline.
3.5 The Seller is obligated to provide services only as ancillary contractual or post-contractual obligations to the aforementioned main obligations and only following a separate agreement with the Customer.
3.6 Delivery of the respective subject of the contract is subject to clause 9.
3.7 In the event that the Seller is hindered in fulfilling its contractual obligations or cannot fulfill them because the Customer’s collaborators, documents, data, or devices are inadequately or insufficiently available or because the Customer has failed to meet its cooperation obligations, including adherence to timelines, through intent or negligence, the Seller may charge the Customer any additional costs resulting therefrom.
3.8 The Seller’s obligation to supply is subject to regular and timely procurement by its sub-suppliers, provided that the Seller is not responsible for any delays or errors.
4. Granting of Rights in Case of Software Supply Contract
4.1 This clause 4 applies exclusively to contracts related to the purchase of software as mentioned in clauses 3.2 and 3.3 a).
4.2 Upon payment of the purchase price as stipulated in clause 8, the Customer receives a non-exclusive and unlimited right to use the Products within the scope defined in the contract. The Seller may authorize temporary use of the Products before this term. The Products may be used simultaneously by the maximum number of individuals corresponding to the products purchased by the Customer. Permitted use includes the installation of the software, its loading onto the hard drive, and use in accordance with the Customer’s terms of use. The Customer does not have the right to lease or sublicense the purchased Products, to execute or publicly make them accessible via cable or wireless, nor to make them available to third parties, whether for a fee or free of charge. Clause 4.5 remains unaffected.
4.3 The Customer is authorized to create a backup copy of the software if such action is necessary to ensure future use of the software.
4.4 The Customer is also authorized to decompile and make copies of the software within the limits permitted by law. This applies only if the Seller has not provided the Customer, upon request, with the necessary information within a reasonable time.
4.5 The Customer is authorized to permanently transfer the purchased copy of the software to third parties by providing them with the relevant documentation. In this case, the Customer will completely renounce the use of the software, remove all copies of it installed on their devices, or return them to the Seller, except where the law requires a longer retention period. Upon the Seller’s request, the Customer will confirm in writing that these measures have been carried out or provide reasons for a longer retention. Additionally, the Customer must expressly agree with the third parties to adhere to the scope of rights granted in this clause 4. It is not permitted to separate components of purchased packages.
4.6 If the Customer uses the software in a way that exceeds qualitatively (in relation to the authorized mode of use) or quantitatively (in relation to the number of users) the usage rights purchased with the Products, they must promptly purchase the additional Products necessary for permitted use. Otherwise, the Seller will assert their rights.
4.7 It is not permitted to remove or alter from the software trademarks related to copyright, serial numbers, or other features necessary for program identification.
5. Granting of Rights in Case of Temporary Software Transfer Contract
5.1 This clause 5 applies solely to contracts related to the temporary transfer of software as described in clause 3.3 b).
5.2 Upon payment of the purchase price as stipulated in clause 8, the Customer receives a non-exclusive, limited, non-transferable, and non-sublicensable right to use the Products within the scope defined in the contract and the license certificate, for the duration of the contract. The Seller may authorize temporary use of the Products before this term. The duration of the contract is defined based on the relevant information in the Seller’s online shop or the duration chosen by the Customer before the conclusion of the contract. Permitted use includes the installation of the software, its loading onto the hard drive, and use in accordance with the Customer’s terms of use. The Customer does not have the right to lease or sublicense the purchased Products, to execute or publicly make them accessible via cable or wireless, nor to make them available to third parties, whether for a fee or free of charge.
5.3 The Customer is authorized to create a backup copy of the software if such action is necessary to ensure future use of the software.
5.4 The Customer is solely authorized to decompile and make copies of the software within the limits permitted by law. This applies only if the Seller has not provided the Customer with the necessary information within a reasonable time upon request.
5.5 Except as indicated in clauses 5.1 to 5.3, the Customer is not authorized to make copies of the software.
5.6 The Customer is not authorized to transfer the copy of the software delivered to them, or any copies made, to third parties. In particular, they may not assign, lend, lease, sublicense, execute, or publicly make the software accessible.
5.7 In the event the Customer violates any of the conditions mentioned above, all usage rights granted under this contract will immediately terminate and revert to the Seller. Consequently, the Customer must immediately and completely cease any further use of the software, delete all copies installed on their systems and any backup copies, or return them to the Seller.
6. Obligations of the Customer
6.1 The Customer is obligated to implement all necessary measures to protect the Products from unauthorized access by third parties, particularly by storing all copies of digital content in a protected location, unless otherwise provided by the contract, any applicable license certificate, or any relevant user documentation.
6.2 The Customer must designate a representative whose statements, insofar as they are necessary for the execution of the contract, and actions will be binding on the Customer. This provision does not apply to consumers.
6.3 The Customer is obligated to support the Seller in the execution of the contract with diligence and fairness and to create all necessary conditions for the implementation of the contract. In particular, the Customer agrees to provide the Seller with all documents, data, and information required to fulfill the obligations arising from the contract in the required form. The Customer also agrees to promptly inform their associates about upcoming deliveries of Products or other services by the Seller.
7. Right of Withdrawal
7.1 Consumers are granted the right of withdrawal, in accordance with the conditions and terms established by the applicable law.
8. Prices and Payment Terms
8.1 Unless the Seller’s description of the Product specifies otherwise, the listed prices are total prices inclusive of applicable VAT. Any additional costs for delivery and shipping will be indicated separately in the relevant Product descriptions.
8.2 For deliveries to countries outside the European Union, additional costs may apply that will not be borne by the Seller and must be covered by the Customer. These costs may include, for example, fees for money transfers by financial institutions (e.g., wire transfer or exchange fees) or import taxes or duties (e.g., customs duties). Such costs related to money transfers may also apply if the delivery occurs in an EU country but the Customer makes the payment from a non-EU country.
8.3 The payment methods will be communicated to the Customer within the Seller’s online shop.
8.4 In the case of an advance payment via bank transfer, payment will be due immediately after the conclusion of the contract, unless a different deadline is agreed upon by the parties.
9. Delivery and Shipping Conditions
9.1 Delivery of the Products occurs within a few minutes after payment, via shipping to the delivery address provided by the Customer, unless otherwise agreed. For the purposes of the transaction, the delivery address provided by the Customer during the ordering process will be considered valid.
9.2 If the shipping company returns the Products to the Seller due to the inability to deliver them to the Customer, the Customer will be charged for the unsuccessful shipping costs. This does not apply if the Customer exercises the right of withdrawal, is not responsible for the circumstances that prevented delivery, or if there are temporary impediments to accepting the offered services, unless the Seller has provided prior notice of the service with adequate advance.
9.3 For logistical reasons, it is not allowed for the Customer to personally collect the Products.
9.4 Digital content will be transferred to the Customer electronically via a download link. The Product keys will be sent to the Customer via email.
9.5 Delivery of digital products occurs immediately after payment; in some cases, it may take a few additional minutes to deliver the keys.
10. Retention of Title
10.1 Until full payment of the purchase price to the Seller has been made, the non-digital Products supplied remain the property of the Seller (retention of title).
10.2 The Customer is obligated to store the non-digital Products on behalf of the Seller and to handle them with care. The Products must be stored in a manner that clearly indicates they are the property of the Seller, separating them from other goods in stock. This provision does not apply to consumers.
10.3 In the event of seizure or other actions by third parties, the Customer must immediately inform the Seller in writing.
10.4 The Customer is authorized to resell the non-digital Products within the scope of regular business transactions but is not permitted to pledge or provide them as security. The Customer hereby assigns to the Seller, as collateral for its obligations, all claims against its buyers or third parties arising from the resale up to the amount of the final invoice (including VAT). This assignment is to be considered a guarantee of the related claims, similar to the retention of title described in clause 10.1 of these terms. The Customer remains authorized to collect the claims due even after this assignment. However, the Seller is entitled to collect such claims personally if the Customer fails to meet payment obligations, is late with payment, files for bankruptcy, or ceases payments. In such cases, the Seller may revoke the Customer’s authorization to collect. Additionally, the Seller may require the Customer to promptly notify the Seller of the amount of the assigned claims and the names of the debtors, to send the Seller a declaration of the credit assignment, and to provide all necessary information and documents for collection. This provision does not apply to consumers.
10.5 If the non-digital Products supplied by the Seller are connected or mixed with other movable goods in such a way that they become essential components of a unique item, the Customer will transfer to the Seller co-ownership of the unique item in proportion. The Customer hereby assigns to the Seller, as collateral for its obligations, all claims against its buyers or third parties arising from the resale of items of which the Seller is a co-owner, up to the amount of the final invoice (including VAT); the Seller accepts this assignment. The provisions of clause 10.4, third paragraph and following, apply. This provision does not apply to consumers.
10.6 If the Customer uses the non-digital Products supplied by the Seller in such a way that they become essential components of a new item and result in the loss of the Seller’s ownership, the Seller will nonetheless retain ownership of a proportionate part of the constructed Product. The Customer hereby assigns to the Seller, as collateral for its obligations, all claims against its buyers or third parties arising from the resale of the Product up to the amount of the final invoice (including VAT). The provisions of clause 10.4, third paragraph and following, apply. This provision does not apply to consumers.
10.7 If the Seller’s guarantees exceed the secured credit by more than 20%, the Seller is obligated to reduce the guarantees by releasing amounts that exceed this limit at the Customer’s request, using the Seller’s chosen methods.
11. Warranty in Contracts Pursuant to Clauses 3.2, 3.3(a), 3.3(c)
11.1 The provisions of this Clause 11 apply to contracts referred to in Clauses 3.2, 3.3(a), and 3.3(c).
11.2 The statute of limitations for claims against the Seller related to defects in conformity is one year after the transfer of risk, if the items concern new constructions or performance of work. However, the above does not apply to the extent that longer periods are prescribed by applicable law, according to § 438(1)2 (construction works and objects used for construction works), § 445b(1) (right of recourse), and § 634a(1)2 (structural defects) of the German Civil Code. This provision does not apply to consumers.
11.3 In the case of the supply of used products, any claims for defects in conformity are excluded, except as provided by applicable legal provisions or other agreements. This provision does not apply to consumers.
11.4 All indications regarding the Products, whether agreed upon in writing or not, must be understood as indications of the nature of the Products and not as warranties, guaranteed features, or uses implied by the contract. The Seller has the right to correct any evident inaccuracies (typos, calculation errors, formal errors, etc.) contained in information, statements, user instructions, calculations, brochures present on their online shop or elsewhere at any time. There is no right to remove such evident errors.
11.5 For all supplies by the Seller, merchants are subject to the obligation of inspection and reporting of defects in accordance with § 377 of the German Commercial Code. If the supply is made directly to a consumer on behalf of an intermediary, the obligation to report defects according to the German Commercial Code shall apply without limitation. This provision does not apply to consumers.
11.6 If the Customer rejects the Seller’s supply for a reason other than a substantial defect that significantly limits or makes the use impossible, despite the Seller declaring their willingness to fulfill, the Customer will be deemed to be in breach of their obligation to accept the goods. It is not permitted to refuse the supply of goods for non-substantial defects.
11.7 The warranty does not cover defects attributable to inappropriate use, system components modified in violation of contractual provisions, the use of unsuitable organizational tools, use in a software or hardware environment that does not meet the requirements specified in the license certificate, unusual conditions, or attacks on the system by the Customer or third parties. If the Products are used together with third-party devices, there will be a warranty for functional and operational defects only if such defects would have manifested regardless of these devices or if compatibility with them was an integral part of the Product’s contractual characteristics.
11.8 In the event of a defective supply, the Seller may, at their discretion, subsequently fulfill their contractual obligations by eliminating the defect (repair) or by providing a defect-free Product (replacement). In the latter case, the Customer is obliged to return the defective Products upon the Seller’s request, in accordance with applicable legal provisions. If the Customer is a consumer, the above sentence applies provided that the previous use cannot be returned or refunded based on value. The Customer must grant the Seller time and opportunity to fulfill subsequently, particularly in the case of repair.
11.9 The costs necessary for inspection and subsequent performance, including those related to transportation, travel, labor, and materials, will be borne by the Seller in accordance with applicable legal provisions, if the defect is actually present. In the case of an unjustified request by the Customer to remove a defect, the Seller may request reimbursement of the costs for subsequent performance, except if the Customer is not responsible for the irrelevant claim. If subsequent performance fails and the Seller definitively refuses to perform (also under § 439(4) of the German Civil Code), the Customer will not have the right to demand such performance, or if § 323(2) of the German Civil Code applies, the Customer may withdraw from the contract or reduce their obligation to the counterparty without prejudice to any rights to claim damages.
11.10 The Customer cannot assert claims or rights regarding defects in the Products in the case of irrelevant deviations from agreed characteristics, insignificant limitations to usability, normal wear and tear, or damages attributable to improper or negligent handling or storage, unsuitable operational tools, or specific external causes not provided for in the contract. If, following the failure of subsequent performance, the Customer is entitled both to continue demanding performance and to alternatively assert their legal rights, the Seller may request the Customer to exercise their rights within an appropriate time frame. The Customer must communicate their decision to the Seller in writing (e.g., via email, fax, or letter). For compliance with this time frame, the receipt of the Customer’s declaration by the Seller will be decisive. If the Customer does not exercise their rights within this time frame, they may assert them, particularly the right of withdrawal or compensation for damages in lieu of performance, only upon expiration of a new time frame for subsequent performance that they themselves will set and which has not been successful. This provision does not apply to consumers.
11.11 The Customer’s rights of recourse against the Seller pursuant to § 445a of the German Civil Code exist only where the Customer has not entered into agreements with their buyers that grant broader rights in case of defects than those established by law. This provision does not apply to consumers.
11.12 The reduction of limitation periods and exclusion of liability under this Clause 11 will not apply in the case of loss of life, personal injury, or health damage caused by intent or negligence, in cases of non-performance due to intent or gross negligence, fraudulent concealment of a defect, fraudulent guarantees on characteristics, or in the case of rights protected by product liability laws.
11.13 If the Seller provides updates (upgrades and updates), new versions of programs, or new content of any kind under this contract, this Clause 11 will apply.
11.14 In the case of defects related to legal condition, the provisions of this Clause 11 apply.
12. Warranty in Contracts Pursuant to Clauses 3.3(b)
12.1 The provisions of this Clause 12 apply to the contracts referred to in Clause 3.3(b).
12.2 The Customer has the rights provided by law in the case of defects in conformity. The Customer is obligated to promptly notify the Seller of any defects in conformity.
12.3 The Customer’s right to extraordinary withdrawal concerning the suitability for use as stipulated in the contract under § 543(2) sentence 1, item 1 of the German Civil Code is excluded. This does not apply if the defect has been fraudulently concealed by the Seller or if the Customer does not receive the goods by the agreed delivery date and the Seller is responsible for the delay in delivery.
12.4 The Customer cannot make any claims or assert any rights regarding defects in the Products if the Customer uses the Software in a manner different from the intended use or inappropriately, modifies or alters the software without prior written authorization from the Seller, or if the problems and errors are due to the Software being used in a software or hardware environment that does not meet the requirements specified in the license certificate, unless the Customer can demonstrate that the defects are attributable to the software itself.
12.5 The Customer cannot make any claims or assert any rights regarding defects in the Products in the case of minor deviations from the agreed specifications, insignificant limitations on suitability for use, normal wear and tear, or damage attributable to improper or negligent handling or storage, unsuitable operational tools, or specific external causes not covered by the contract.
12.6 The exclusion of liability provided in this Clause 12 shall not apply in the case of loss of life, physical injury, or harm to personal health due to willful misconduct or gross negligence, failure to fulfill obligations due to willful misconduct or gross negligence, fraudulent concealment of a defect, fraudulent guarantees regarding features, or in cases of rights protected by product liability laws.
12.7 In the event that the Seller provides updates (upgrades and updates), new versions of programs, or new content of any kind under this contract, the provisions of this Clause 12 will apply.
12.8 In the case of defects related to the legal condition, the provisions of this Clause 12 shall apply.
13. Liability in the Event of Non-Performance of Other Obligations
13.1 For non-performance of obligations that do not constitute defects in conformity or issues related to the legal condition as described in clauses 11 and 12, the Seller shall be liable only in cases of intentional misconduct or gross negligence by its corporate bodies and auxiliary persons, as well as, regardless of the degree of fault, for damages arising from loss of life, bodily injury, or health impairment.
13.2 The Seller is also liable in cases of minor fault by its corporate bodies and auxiliary persons in the event of impossibility, delay in delivery, non-compliance with a guarantee, or violation of any substantial contractual obligation. Substantial contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on which the counterparty can reasonably rely. In such cases, the Seller’s liability will be limited to the typical damages related to the contract that the Seller could have reasonably foreseen at the time of the contract’s conclusion.
13.3 Any liability of the Seller beyond what is stipulated in clauses 12.1 and 12.2 is excluded, regardless of the legal grounds. This particularly applies to any claims related to the violation of contractual obligations and arising from a tortious act, but not to rights concerning pre-contractual liability.
13.4 The Seller assumes no responsibility for any potential loss of data in the event of checks, necessary repairs, or other services. The Customer is responsible for adequately protecting the data on their devices or storage media and ensuring that such data does not contain sensitive information.
13.5 Any agreed limitations of liability with the Customer will also apply to the Seller’s corporate bodies and auxiliary persons.
13.6 All rights under the product liability law are reserved.
14. Redemption of Promotional Vouchers
14.1 Vouchers with a specific expiration date, issued by the Seller free of charge during promotional activities and that cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”), can only be redeemed in the Seller’s online shop within the specified terms.
14.2 Specific products may be excluded from the promotional offer, in which case the Promotional Voucher will contain information about these specific limitations.
14.3 Promotional Vouchers can only be redeemed before completing the order process. They cannot be applied at a later time.
14.4 Only one Promotional Voucher may be used per order.
14.5 The value of the Products must be at least equal to the value of the Promotional Voucher. Any differences will not be refunded to the Customer.
14.6 If the value of the Promotional Voucher is insufficient to cover the entire order amount, the difference can be paid using one of the other payment methods offered by the Seller.
14.7 The value of the Promotional Voucher cannot be converted into cash and does not accrue interest.
14.8 If the Customer returns Products purchased in whole or in part with the Promotional Voucher under their right of withdrawal, they will not be entitled to any refund of the Promotional Voucher.
14.9 The Promotional Voucher is transferable. The Seller may perform the obligation with liberating effect to the current holder of the Promotional Voucher who redeems it in the online shop. The above does not apply if the Seller is aware, or should have been aware through gross negligence, of the lack of authorization, the inability to act, or the absence of representation authority of the current holder.
15. Affiliate Program
15.1 Definition of the Parties. This Agreement outlines the terms and conditions for the use of the Affiliate Program established between Gaetano Manfredi, hereinafter referred to as “Gaetano Manfredi,” and the user entering into this Agreement, hereinafter referred to as the “Affiliate.” The Gaetano Manfredi Affiliate Program is a commercial collaboration agreement under which Gaetano Manfredi grants Affiliates a commission on sales of products from the website https://360licenses.com under the terms specified herein. To join the Gaetano Manfredi Affiliate Program, explicit acceptance of all terms and conditions of this Agreement is required during the affiliate registration process.
15.2 Registration Procedure. To join the Gaetano Manfredi Affiliate Program, it is necessary to complete the registration form available on the website https://360licenses.com. The agreement is entered into free of charge, and either party may terminate it at any time without notice. Registration requires that the applicant be of legal age. Gaetano Manfredi reserves the right to assess each registration request and may reject it at its sole discretion. Specifically, requests related to the following will not be accepted:
– Websites with pornographic content
– Websites that infringe copyright
– Websites with racist content
– Websites that incite violence
– Websites that promote illegal activities
– Websites that violate moral, religious, or intellectual freedoms.
15.3 Affiliate Obligations.
– The Affiliate may not alter the code of the links or banners retrieved from the control panel.
– The Affiliate has no rights or claims on the trademarks owned by Gaetano Manfredi.
– The Affiliate agrees not to disseminate the link to https://360licenses.com through spamming, which involves sending unsolicited commercial information via unauthorized emails, under penalty of immediate termination of this Agreement. In the event of unauthorized email spamming activities.
– The Affiliate will be held responsible for any damages caused to Gaetano Manfredi by non-compliant behavior.
15.4 Obligations of Gaetano Manfredi
Gaetano Manfredi agrees to:
– Provide the Affiliate with all information regarding the services it promotes and the operation of the Affiliate Program
– Provide the Affiliate with a control panel to view orders, commissions, and statistics
– Keep the Affiliate’s control panel updated with any commissions due and fulfilled orders
– Grant the Affiliate commissions on fulfilled orders, calculated according to the agreed terms
– Provide visitors coming from the Affiliate’s link with all necessary information and support regarding the services sold on the site.
15.5 Operational Procedures. To participate in the Affiliate Program, it is necessary to use the affiliate link, which the Affiliate can retrieve from the affiliate control panel. The choice of marketing tools to use is at the Affiliate’s complete discretion.
15.6 Commission Recognition Rules. Gaetano Manfredi grants the Affiliate a commission on each sale made through their affiliate link, for any product. Commissions will be calculated based on orders fulfilled during the validity period of this Agreement. Fulfilled orders are those that are duly paid by the customer and not canceled within 60 days from the payment of the service. The Gaetano Manfredi Affiliate Program relies on a 21-day cookie system. To be eligible for the commission, the customer must reach https://360licenses.com via the Affiliate’s link and make a purchase within 21 days. Commissions will not be granted for orders placed by the Affiliate or persons/entities associated with the Affiliate.
15.7 Product Pricing. The sale price of products and, consequently, the associated affiliate commissions, are subject to possible changes without prior notice, as determined by Gaetano Manfredi according to its commercial policies.
15.8 Payment Methods. Gaetano Manfredi will make commission payments upon request from the Affiliate, via PayPal, bank transfer, or other available methods among Gaetano Manfredi’s payment options, upon reaching the minimum amount of €50.00. Gaetano Manfredi agrees to retain the commissions accrued on behalf of the Affiliate until the aforementioned minimum payable balance is reached. No interest will be applied to accumulated and unpaid amounts. To receive payment, the Affiliate agrees to issue an invoice, receipt, or equivalent document for the requested amount. Payment will be made within 30 days of the presentation of a proper invoice or receipt from the Affiliate.
15.9 Duration of the Agreement. This Agreement takes effect from the date of the Affiliate’s registration and is valid indefinitely. However, this Agreement may be terminated at any time by either party without notice.
15.10 Gaetano Manfredi agrees to maintain its website active and fully operational, except for force majeure or interruptions due to maintenance work. In any case, Gaetano Manfredi will not be held liable for such interruptions or their consequences. No compensation will be granted in the event of malfunctions or data loss. The service is offered without any warranty. Gaetano Manfredi will not be held responsible for any illegal conduct by the Affiliate. Furthermore, Gaetano Manfredi is not responsible for the content of the Affiliate’s websites.
15.11 Privacy Protection. The personal data requested from the Affiliate for the execution of this Agreement are used by Gaetano Manfredi solely for administrative purposes and to fulfill legal obligations. All Affiliate data are processed in accordance with current privacy regulations, pursuant to Article 13 of Legislative Decree No. 196/2003.
15.12 Amendments and Modifications to the Agreement. Gaetano Manfredi reserves the right to amend the terms and conditions governing this Affiliate Agreement at any time, providing prompt notification to the Affiliate via email. The Affiliate retains the right to withdraw within 15 days by sending written notice via fax or email. If the Affiliate fails to communicate, the amendments will be considered accepted.
15.13 Final Provisions. The Affiliate is required to adhere to all parts of this Agreement. Any abuse will result in the immediate termination of the commercial collaboration agreement and will be reported to the competent authorities. The Affiliate confirms the accuracy of all data provided in the registration form for the Gaetano Manfredi Affiliate Program and is responsible for it. By registering, the Affiliate consents to the processing of their personal data in accordance with Article 13 of Legislative Decree No. 196/2003 on privacy and accepts the terms and conditions of the Gaetano Manfredi Affiliate Program outlined in this Agreement. The Affiliate confirms being of legal age and fully aware of the responsibilities associated with entering into a contract and the potential consequences of violations. Additionally, the Affiliate acknowledges and accepts all types of data processed by Gaetano Manfredi’s affiliate software.
16. Final Provisions
16.1 The counterparty is authorized to transfer to third parties the rights and claims arising from the contractual relationship only with prior written consent from Gaetano Manfredi. § 354a of the German Commercial Code remains unaffected and is not applicable to consumers.
16.2 The nullity of any contractual clause will not affect the validity of the remaining clauses. The invalid clause must be replaced by another clause that best fulfills the economic objectives of the contract. The same procedure shall be followed if the contract contains a gap.
16.3 This contract is governed exclusively by German law, excluding the Convention on the International Sale of Goods and any references to international private and procedural law. In the case of consumers, this choice of applicable law applies only to the extent that the protection guaranteed is not diminished by mandatory provisions of the law of the state in which the consumer has their habitual residence.
16.4 The exclusive jurisdiction for any disputes arising out of or in connection with contracts to which these General Terms and Conditions apply shall be that of the Seller’s registered office; however, the Seller is also authorized to take legal action against the Customer in any other competent court. This provision does not apply to consumers.
16.5 The European Commission provides an online dispute resolution platform at the following address: https://ec.europa.eu/consumers/odr. The platform serves as a portal for the extrajudicial resolution of disputes related to online purchases or services where a consumer is a party. The Seller is not obligated to participate in dispute resolution procedures before a European Consumer Centre but is essentially willing to do so. The remaining provisions of this clause 15 shall remain in effect.