Terms and Conditions
General Terms and Conditions (entered into force from 04/06/2019)
It is necessary to carefully read the general terms and conditions below, print them and / or save them on another durable medium of your choice, each time before using the Services or accessing the sections of the website www.bikechange.guru (hereinafter referred to as “site”).
The site is entirely dedicated to the world of cycling and cycle tourism.
Pursuant to Law 62/01, it is announced that the contents of the site are not periodic and do not represent, in any way, an “editorial product”.
By using the site services or accessing its sections, you are fully accepting these general terms and conditions.
For the purposes of these general terms and conditions the parties are:
The site manager/owner ‘LIME DI MARK CHAMBERS’ (see legal notes to be considered an integral part of this contract). The User is anyone who accesses or transits the site. Unregistered Users are all those who visit the site while browsing the internet, who are allowed only limited access to the Website Services (see Article 3); furthermore, these Users cannot have access to the web admin reserved area.
Registered Users are divided into the following categories:
Private User: any natural person older than 18 years; Company User: any authorized store and / or dealer of bicycles, accessories, components, bicycle rental, bicycle touring trips and ‘Bike Friendly’ hotels;
RESPONSIBILITIES OF THE SUBJECTS
- The Website Manager authorizes the Registered Users to display their products and / or services, inherent to the world of cycling and cycle tourism, on the site through the publication of announcements (see articles 3.1., 7. and 7.1.).
- The Manager does not sell, offer or sell any product posted on the site by Users.
- The Manager is not responsible for the content of the ads published on the site by the Users.
- Each registered user is responsible for the content of the ads published by him on the site.
- This site is not a sales platform and therefore it is not possible to directly execute any sales contract. In fact, the service offered by the Manager is simply a tool of contact between the Users of the site who (as registered Users) independently publish the announcements containing the goods (bicycles and accessories, bicycle travel packages) that they intend to offer for sale to other registered users, who in turn will contact them directly. Therefore, any negotiation relating to the sale of the goods will take place directly between the Users registered without any mediation by the Manager, who, privately, will have to agree between them on the quantity, the guarantees, the price and the methods of payment and delivery of the goods . It follows that the sales contract is concluded exclusively between the Users, and in particular between the seller and the buyer of the goods, all in full respect of the laws of the USA, UK and ITALY. The Manager remains totally unrelated to it and cannot in any way be held responsible for any problems connected with or deriving from such transactions and / or for the quality and quantity of the products, goods or services eventually purchased.
- Users undertake to comply with these general terms and conditions and to use the services of the site only to pursue lawful purposes in compliance with the law and the regulations in force in the USA, UK and ITALY.
3. SERVICES OFFERED BY THE SITE AND THEIR METHOD OF USE
The services offered by the site are as follows:
Research: through which the User can find new or used bicycles, accessories, components, cycling tourism trips, Bike rental and ‘Bike Friendly’ Hotels or a Reference Shop on the site;
Insert: through this service the User can insert a sales announcement for bicycles and / or accessories. The service is differentiated according to whether the User is a private individual or a Retailer (Shop);
Blog: the whole world of cycling at 360 degrees. The User can browse freely in all sections of the site without having to register. The Services for which it is necessary to register the User to the site are: Insert.
Registered Users (for registration on the site V. art. 5) will be able to access these Services through their Account, through which they will also be able to access their own reserved area according to the type of User (Private, Company).
Using the site’s services is really easy and intuitive, even with regards to the management of the reserved area. In any case, the Manager has published, in the various areas of the site, explanatory videos to provide Users with the detailed methods of operation of the services offered by the site.
3.1. Rules for the publication of a Sale announcement and duration of publication
The Companies, Shops and Travel Agencies do not have a limit to the publication of advertisements according to their chosen ‘bikechange.guru’ plan, being authorized to carry out their commercial activity on the site relevant and relevant to the world of cycling and cycle tourism.
Individuals, on the other hand, unable to carry out commercial activities on the site (see also Article 6) will only be able to insert one bicycle sale ad at a time.
Since the insertion of the ads does not require particular technical skills or specific knowledge, the User can operate alone without any technical support since it is sufficient to proceed with the compilation of the delimited fields as they will appear in the appropriate form. However, in exceptional cases where it is necessary and essential to obtain maintenance and / or assistance from the Operator, the User must contact him using the appropriate “contact us” form on the site’s home page.
The material and the contents transmitted to the Manager must be updated, truthful in the form and in the substance, reliable and conforming to the rules contained in the art. 7. and 7.1.
It is absolutely forbidden to publish:
• illegal, untruthful or fictitious announcements and non-serious announcements;
• announcements relating to insertions of products and / or services not related to cycling;
• announcements of bicycles and accessories purchased for less than six months by private users. This prohibition obviously does not apply to Users who are Companies or Shops;
• announcements of commercial leased items;
• announcements of bicycles or journeys offered with financing without the express specification of the fact that these are bicycles offered with the possibility of financing the price and, in the specific field “Price to the public”, of the amount including the installments, of the interest and expenses. This sale possibility is reserved exclusively for companies;
• announcements indicating incorrect or misleading or misleading prices;
• announcements with partial price indications or different from their entire amount;
• announcements with prices that do not include VAT, which must always be included in the published price;
• images of bicycles in electronic format other than “.GIF”, “.PNG” or “.JPG”;
• announcements which, in the field intended for photographs of the product, do not reproduce the exact model offered for sale by the User, such as, for example, images reproducing design models, logos, brands or other distinctive signs other than those of the product offered for sale, as well as images that depict different places than those of the organized trip.
The images will not be able to have a deceptive content and will have to reproduce in the most reliable way possible the state of the product at the time of the offer. In the event that the User publishes images extracted from a Bicycle or travel catalog, from a magazine or from a website, he must clearly state this in the announcement. Furthermore, any defect or defect in the product, which appreciably diminishes its usefulness or value, must be clearly and truthfully indicated to protect other Users, potential buyers.
Any announcement published on the site by a private user may be removed by the website manager 90 days after its publication. At expiration, or in case of anticipated cancellation of the announcement by the User or by the Operator, no data will be stored by the latter.
With regards to the Companies, Shops and Travel Agencies, instead, the duration of publication of their ads is of unlimited duration, it being understood that, in case of early cancellation by the publisher, the Manager will not proceed to archive and keep any data related to the same ads.
In correspondence of each announcement published by a private User, his “User Name” and his email used during registration on the site will always be visible. In addition, the User will also have the option of having his / her telephone number and address displayed, from time to time being able to choose whether or not to display such data.
As regards, instead, the Companies, the Shops and the Travel Agencies, in correspondence of each of their published announcement, the “User Name”, the telephone number, the email and the address will always appear.
COST OF THE SERVICE FOR PRIVATE USERS
Registration on the site is free for all Users.
Private users, registered as natural persons, will never have to pay any cost to use the standard services offered by the site.
Obviously, in order to use the site’s services, the user must be able to access the Internet at his own expense and with his own means.
4.1. Service costs for individuals and companies
Registered Users are advised as Companies, Shops or Travel Agencies:
FreePordoi: one-time payment of € 9.99 (including VAT)
Mortirolo: one-off payment of € 29.99 (including VAT)
Stelvio: one-off payment of € 100.00 (VAT included)
No payment by the Users themselves will be due to the Manager in relation to the mere expiration of the Standard Free Package, after which, simply, the Users will no longer be able to make free use of the Services offered by the site. In other words, any subscription of one of the three types of subscriptions for access to the Website Services must be made freely and voluntarily by the Users themselves.
Furthermore, at the end of the subscription period there is no automatic renewal. Consequently, once the User has decided to sign up for a subscription to access the Website’s Services, he can access, through his Account, the Services for the duration of the subscription he has subscribed to, after which, if he will want, can freely make the subscription of a new subscription, to gain access to the Services of the site, or, otherwise, simply, will no longer be able to access it further.
Users who have already subscribed to the services of the site will also be protected against the increase in the cost of subscriptions (which the operator is free to practice upon communication in the manner set out in article 14) until the expiry of the subscription already subscribed, while the cost increases will only apply starting from the possible and voluntary new subscription of a subscription to the Services by the Users themselves.
To register on the site it is necessary to fill in the registration form.
Depending on whether the User is a Private (natural person), a Company (Shop) must use the appropriate form; on the site.
The provision of personal and / or company data indicated with an asterisk in the aforementioned form is mandatory to complete the registration procedure; therefore the missed, partial or wrong insertion of such data invalidates the registration and therefore it won’t allow to be able to take advantage of the Services for which the registration is necessary. The provision of data not marked with an asterisk is purely optional; therefore, their failure, partial or incorrect insertion will not prevent them from registering on the site and accessing the relative Services.
Once the Account creation process is completed, the User will receive an email from the Website at the email address provided and to complete the registration, click on the appropriate link provided.
The “Username” and the “Password” are the credentials for accessing the Site Services for which registration is required. Therefore, once the registration phase has been completed and completed, in order to access the Site services reserved for registered Users, the aforementioned authentication credentials must be entered in the appropriate “Access” box.
The “User Name” identifier entered in the Profile of each registered User, in the event of any publication by the same in the various Services of the site, will be visible to all other Users, corresponding to the publication itself.
Furthermore, in correspondence with each sale announcement published by a private User, his “User Name” and his email used during the registration to the site will always be visible: the Private User will also have the possibility to display his own number. telephone and its address, being able to choose, from time to time, whether or not to have such data appear.
Instead, for Users who are Companies, at each of their published sales announcements, the “User Name”, the telephone number, the email address and the address will always appear.
The User must ensure that all information he provides to the Manager is true and authentic. It should also be noted that the User will be responsible for any false or false declaration given to the Manager for any reason.
The User is required to keep his “Username” and “Password” confidential and must control access to his computer in order to prevent unauthorized access via his “Account”. You agree to be held responsible for all activities that will be performed on this site through your Account. The User undertakes to take all necessary precautions so that access to his Account remains safe and confidential and undertakes to immediately inform the Manager if he has reason to believe that any third party is aware of the access data to his Account , or in the event that your Account is, or is likely to be, used in an unauthorized manner.
In the event of changes to personal and / or company data (eg address, email, telephone number, etc.), the User undertakes to modify them by clicking on the appropriate buttons in his “Account” and entering the new ones correctly. data.
In order to cancel your Account, the User must send an email to the Manager using the “contact us” screen on the Home Page of the site, making an explicit request or use the incorporated function Consequently, the Operator will, as quickly as possible and in any case not later than 10 working days, cancel the User Account.
In any case, after the cancellation of the Account, the User, in the future, will be able to register again at the site.
Users can subscribe to the site’s newsletter free of charge in order to receive emails containing information about the site’s activities (for example, not exhaustive: new publications, articles or comments) by the Manager.
To subscribe to the newsletter there are two ways: through the appropriate registration form on the site, or during registration by ticking the box “I accept to receive newsletters”.
Users can deactivate the newsletter service at any time by clicking on the appropriate link at the bottom of each email newsletter they will receive.
6. PROHIBITION OF USING SERVICES FOR COMMERCIAL PURPOSES BY PRIVATE USERS
The services offered by the site are intended for non-commercial use only by private users (natural persons).
Precisely for this reason, these Users are allowed to make only one sales announcement at a time. It is absolutely forbidden to create more than one active account at a time, as well as to use the account of another User (even if a friend or relative) to publish your own sales announcements. The User undertakes not to reproduce, duplicate, copy, distribute the contents and materials present on the site for commercial purposes, or to use the Services of the site for money collection. Any ascertained use of the Site Services for these purposes may result in the interruption of the provision of the Services to the Responsible Users, as well as a request for compensation from the Manager.
7. BEHAVIOUR OF USERS
In general, the Users who use the Website Services, in addition to strictly avoiding any behavior mentioned in the list referred to in point 7.1 (Users’ forbidden behaviors and activities), or that in any case can be traced back to the scope of the same list, undertake to behave with diligence, seriousness, loyalty and fairness, as well as to respect the names of the law, the regulations in force and the rules of knowing how to live with harmony in common.
In particular, the Users, using the Services of the site, undertake to respect:
the legal regulations in vigour the present general contract conditions principles of good behavior that collectively go under the name of Netiquette
(click on the link to view it http://webcache.googleusercontent.com/search?q=cache:e0gtsk9E5nsJ:www .nic.it / tutto-sul.it / netiquette + & cd = 2 & hl = en & ct = clnk & gl = it)
the policies drafted by the major international antispam organizations
Users must not use the Services on the site in any way that may or is likely to interrupt, damage or in any way compromise the Services of the site or access to them and may use the Services of the site exclusively for lawful purposes.
Users are aware of and agree to be responsible for all the activities they perform through the Site Services.
Therefore, the Users are informed that the images, videos, messages, articles, texts, photographs and more generally any material or content inserted or transmitted on the site, falls within their exclusive responsibility.
The User acknowledges that the voluntary sending and publication by him of his own images, be they photographs or films, (including the images of his own animals possibly transmitted to the Manager, such as for example a photograph or a video of a tour in bicycle with your dog on a leash) for publication on the site is an express manifestation of consent pursuant to and for the purposes of the EU Privacy Code 2016/679, known as GDPR (General Data Protection Regulation).
The User also declares and guarantees that it has acquired all the necessary privacy consents and the necessary authorizations if the published material contains sensitive data of third parties. Furthermore, the User declares to be the owner of the images, contents and texts published on the site, or to be authorized to use and publish them by the actual owner or owner of the rights and authorizes the Manager, pursuant to art. 96 L. 633/41 (law on copyright), the use of such images, contents and texts, free of charge and to store and publish them on the site, giving them an express, unlimited, free and irrevocable license.
The User is informed that, given the intrinsic characteristics of the Internet, the contents transmitted are not protected against the risks of further dissemination and / or use and / or diversion and / or piracy, for which the Manager cannot be held responsible. It is up to the User himself, if he so wishes, to take appropriate measures to protect such content.
Furthermore, the User undertakes to keep an updated copy of all the material and content that he has published on the site (or for which he has requested publication on the site from the Manager) and at the same time acknowledges and accepts that the Operator does not have no obligation to keep the material and contents provided to it.
Consequently, in the event of loss of the material and of the Contents provided by the User to the Operator, due to the fact ascribable to the same Operator, the latter, given the obligation of conservation by the User referred to in the previous paragraph, will only be required to mere restoration of the material and contents that the User will provide him with a copy after the inconvenience.
7.1 Users’ behavior and activities prohibited
By way of non-exhaustive example, the Users, through the Website Services, undertake to:
not damage or give way to others to damage the site and the services offered by the site and not to disable and / or overload the same or allow others to do so; not to transmit, distribute or publish contents of a pedo-pornographic, pornographic, sexual or obscene nature; not to use the Website Services to make communications or engage in activities of a fraudulent or illicit nature or that in general violate and / or induce to violate the laws in force; not to transmit, distribute or publish material that is contrary to public order and / or that promotes or provides information that instructs on illegal activities, leads to illegal activities or that may cause any harm to third parties; not to provide material or content that may be offensive in any way, including blasphemous content, abusive and / or defamatory expressions or fanaticism, racism, hatred or irreverence towards any group of people or individuals, or inciting violence or failure respect for the rules of knowing how to live with harmony in common; not threaten, defame, offend, slander, harass, persecute or incite others to take such actions; not to provide information or promote activities aimed at realizing damage to things or people; not to transmit, distribute or publish any type of material that violates intellectual and industrial property rights, copyright, moral rights, publication rights or any other rights of any third party; not to transmit, distribute or publish material that constitutes unlawful processing of personal data of others; not to publish content belonging to third parties without specific indication of the link or source to which the original post refers;
not to transmit, distribute, publish or solicit initiatives related to gambling, or that require authorisation from the AAMS, or that require participation for consideration or that are prize events and / or similar; not to advertise or sponsor any product or service and / or offer for sale any product or service not relevant to the world of cycling and touring; do not link to sites with content that is not relevant to this site; not to use the Site Services to transmit information or other material containing viruses or harmful components and not to insert link bait; do not use neither link bait to carry out illegal activities nor files or programs created to interrupt, destroy or limit the functioning of the site; do not manipulate the access content or statistics of the site pages; do not sell or transfer your Account to others, for any reason; not to manage an account on behalf of, or in collaboration with, other people; do not proceed with the massive sending of unsolicited emails (spam) to the Manager, also through the contact form, or to other Users of the site of which you have become aware of the email address.
8. INFRINGEMENT OF RULES OF CONDUCT BY USERS: MEASURES OF THE MANAGER
Premise: the Operator within the activities carried out for the purpose of offering the Site Services to Users is subject to the current legislation on electronic commerce (Legislative Decree 70/2003 and subsequent amendments and additions). Pursuant to Article 17 of Legislative Decree 70/2003, the Operator is not required to have a general and constant obligation to monitor what Users publish, insert and / or link to the site, or to a general obligation to search actively facts or circumstances indicating the presence of illegal activities.
In any case, the Operator reserves the right to approve in advance any type of publication request (be it, by way of example, a sales announcement or an article for a forum) by Users, before making it visible on the site to other Users.
Furthermore, the Operator, making use of expert personnel and any reports from the Users themselves (see the subsequent articles 8.1. And 8.2.), Is activated to ensure that the rules of conduct are respected by all Users.
8.1. Circumstances and Actions.
Therefore, Users are informed that:
– in the event that the Operator becomes aware, in any way, of a violation by the Users of the provisions referred to in articles 7 and 7.1 above, or of a use of the Services of the site in contravention of the provisions of the present conditions general contract terms;
– if the Operator is aware, in any way, of behaviours and / or contents that, in its own unquestionable judgment, may cause damage to third parties or to the site or its owner, or, again, that are not considered relevant or appropriate to the services offered and the activity carried out on the site;
– in case of request by the competent Authority,
the Manager may, at its discretion and without prior notice, without prejudice to any other solution provided for by law, including the right to request compensation from the User for damages suffered, take any initiative deemed appropriate and / or necessary, including:
• not publish on the site or delete from the site all the materials and content that are unlawful, inappropriate or contrary to these general terms and conditions and, if requested, provide them to the competent Authority;
• suspend and / or cease at any time the provision of the Website Services to the User who has carried out prohibited or inappropriate behavior, after notifying the User by email;
• prevent or put an end to the violations perpetrated by the User according to the procedures eventually given by the competent Authorities.
In addition, the User acknowledges that, in the event that the Operator should become aware of alleged illegal activities attempted or carried out by them, it may forward appropriate notification to the competent Authorities, providing it with all the information in its possession to enable it to identify the author, in order to prevent and repress any illegal activity attempted or performed on this site.
8.2. Reporting of violations of the rules of conduct by the Users themselves
If, browsing the site, or accessing the services offered by the site, a user should find material, content or links, inserted by other users and resulting inappropriate, offensive, indecent or otherwise objectionable by the c.d. “Public opinion”, please report it to the Manager using the “contact us” screen at the bottom of the home page of the site.
In the short term and in any case within a reasonable period of time, the Operator will carry out the necessary checks and, if deemed necessary, will remove these contents and take appropriate measures against the Users who have entered them.
9. ELECTRONIC COMMUNICATIONS
When the User uses the Services on the site or sends emails through the “contact us” screen on the Home Page of the site, he communicates with the Manager electronically. The Manager communicates with the User by email or by posting notices on the site. For the purposes of these general contract conditions, the User acknowledges and agrees to receive communications from the Manager electronically and acknowledges that the contracts, notifications, information and other communications that the Operator provides electronically satisfy the requirement of written form required by law.
10. ACCESS TO THE SITE
The Manager will try to do everything possible to ensure that access to the site and the Site Services is provided without interruption and that transmissions take place without errors. However, due to the nature of the Internet, uninterrupted access and the absence of transmission errors cannot be guaranteed.
Furthermore, access to the site and site services may also be occasionally suspended or limited to allow for repair and maintenance work to be carried out.
The Operator will attempt to limit the frequency and duration of such suspensions and limitations.
The Operator reserves the right to modify, suspend, or interrupt (temporarily or permanently) at any time the form and nature of the Services offered by the site without for this reason the Users can accrue the right to the recognition of any reimbursement, compensation or compensation.
10.1.Limitation of the Manager’s liability
The Manager assumes no responsibility for the contents, writings, images and links entered on the site by Users.
Users who access the site have the burden of acquiring appropriate anti-virus and firewall protections, and release the Manager from any liability for any damage caused by viruses and the like. Users also raise the Operator from any liability deriving from damaged files, errors, omissions, service interruptions, deletion of contents, problems connected to the network, providers or telephone and / or telematic connections, unauthorised access, alterations of data , the failed and / or faulty operation of the electronic equipment of the Users themselves.
The User uses the Services of the site at his own risk and consequently the Operator is not liable to Users, nor to third parties for damages or losses and for the costs incurred as a result of suspensions, interruptions, delays and malfunctions of the Site Services to he not responsible and caused by: tampering with or interventions on the Services or on the equipment carried out by Users or third parties, or by incorrect or unlawful use of the Services by Users or by the malfunctioning of the hardware and / or software terminals used by the Users themselves, or due to force major or third-party events. For reasons of force major we mean events not foreseen and not foreseeable by the Operator and dependent on natural or third party events, such as by way of example and not exhaustive: earthquakes, floods and other natural catastrophes, wars and civil unrest, lightning, fires and explosions.
The Manager cannot be held responsible for brief malfunctions of the Services, caused by technical problems on machinery, servers, routers, telephone lines, computer networks, etc., owned by him or companies selected to offer the Services of the site.
Services malfunctions, data loss, accidental disclosure of personal or sensitive data and any other type of damage caused by attacks by hackers, thieves, hackers, crackers, viruses, etc. are not attributable to the Manager.
As for the publication of the images of the bicycles and the accessories included in the announcements published by the Users, the Operator cannot be held responsible for the quality of the reproductions and any differences with respect to the reality of the image object, including any color differences in the products ad.
The User shall indemnify and hold harmless Cambiobici.it from any prejudice that the latter would suffer as a result of the publication of the materials and contents, as well as the use by the User of the Site, and of its Reserved Area, of the Services and any other service provided to you, as well as in consequence of the infringement of third party rights.
The Manager does not guarantee in any way neither a minimum number of accesses by visitors to the site and to the sales announcements on the same published, nor the success of the offers and negotiations relating to the announcements published by the Users on the site.
Without prejudice to the liability for wilful misconduct or gross negligence, the Operator (in any way involved or not in the creation, production, service, maintenance or supply of this website), does not recognize any compensation for any direct or indirect damage, both lost profits and emerging damage, deriving from the use or non-use of the site, in any form and in relation to any reason; nor is it liable for anything relating to links to other websites or to downloading any material from said sites (in this regard, see also the Download Area screen to be considered an integral part of these general terms and conditions).
If a limitation, exclusion, restriction or other provision contained in these general terms and conditions is deemed to be null for any reason by a competent judge and the Operator becomes responsible for loss or damage, the User acknowledges and accepts that any liability of the Manager, in the contract, civil or otherwise, cannot exceed the price applied for the type of Service sold, excluding VAT.
11. RELATIONSHIPS AND TRANSACTIONS BETWEEN USERS AND EXTERNAL ADVERTISERS TO THE SITE
The Manager and Users may provide links (links) to other websites or web resources; this article refers to the relationships and transactions that may occur between Users and advertisers and / or operators external to the site, that is, they do not operate as Users of the site.
Users acknowledge and accept that the Manager cannot in any way be held responsible for the content, advertising, services and products belonging to third parties and present or marketed on the site, or on other internet sites connected to it through links.
Transactions carried out by Users with external advertisers on the site or on another website, the delivery and payment of products, goods or services, the provision of guarantees and any other element connected to such transactions, produce effects exclusively between the User and the third.
The Operator remains totally extraneous to such commercial transactions, as well as to the contracts, guarantees and obligations related to them and / or consequential and cannot in any way be held responsible for any problems connected with or deriving from such transactions and / or from the quality of products, goods or services purchased by Users.
The Manager includes 360 degree information on the cycling world on the site.
All information provided on the site is of a general and illustrative nature and for information purposes only, and can never replace the opinion of a doctor or a qualified dietician for the profession, or of a professional trainer, subjects to whom Users are invited to contact from time to time.
No information, contribution or advice on training, travel, race preparation, bicycle travel and the cyclist’s diet offered on the site can be held responsible for unintended, unwanted or unplanned results or consequences. part of the Users, nor can it ever be interpreted as an attempt to offer or give a medical opinion or a professional trainer in this regard.
The Manager does not make any commercial preference between the various manufacturers, brands, logos and brands on the site. All rankings and information / ratings shown on the site are not intended to favor some producers rather than others. In this regard, the Operator does not intend to express any preference, so much so that any list on the site is purely indicative, since the Operator does not make any distinction between one manufacturer and another, between a brand, a logo, a brand and the other, while instead the rankings on the site indicate the preferences found by the Users, thus expressing their subjective evaluation, to which the Operator remains totally extraneous.
In the event of non-fulfilment by the User of these contractual conditions, failure to exercise the Operator’s right to act against the User itself does not constitute a waiver to act for breach of commitments by the latter, nor can it be interpreted as a silent renunciation of compliance with these general terms and conditions.
14. DURATION AND CHANGES OF THE GENERAL CONTRACT CONDITIONS
These general terms and conditions are the only applicable and supersede any other provision, unless expressly waived by written agreement between the parties.
The User will be subject to the general conditions of contract from time to time in force when using the Services of the site.
The Manager reserves the right to modify the present general contract conditions at any time with at least 10 days’ notice communicated via e-mail to the registered Users and, in any case, published by notice on the Home Page of the site. After the notice period the new changes will be considered accepted and fully effective towards all Users.
If the Users are legal persons, these general terms and conditions also apply to their employees, agents, representatives and collaborators who generally use the Services of the site, even occasionally.
The Manager may assign these general terms and conditions to third parties at any time, without notice and without having to obtain written consent from the Users, who undertake to continue to comply with them in respect of any new owner of the site.
If any provision of these general contract conditions is deemed invalid, declared void or unenforceable for any reason, this condition will not affect the validity and effectiveness of the other general contract conditions.
15. APPLICABLE LAW AND JURISDICTION
These general terms and conditions are governed by the laws of the Italian Republic.
For any dispute concerning the interpretation and execution of these general terms and conditions or the use of the site and the Site Services, the Users acknowledge and agree that the Court of Reggio Emilia will be competent to judge.