Terms of service
§ 1. GENERAL CONDITIONS
- This regulation ("Regulation") was drawn up in accordance with the decree of 18 July 2002 relating to the provision of services provided electronically (OJ 2002, No. 144, page 1204 with subsequent amendments) and describes the conditions of use of the service available on www.fableraudio.it (hereinafter referred to as "Services").
- The service is managed by the company Fabler Audio srl based in Milan, at via Revere 6, 20123, registered in the business register - National Judicial Register with the identification number 11188220963 ("Service Provider"). The Service Provider is the administrator of all personal data collected, processed, used and related to the service offered in accordance with the provisions of the Regulation referred to in the subject.
- Thanks to the mediation offered by the Service, the user has the opportunity to listen to and purchase the audiobooks contained therein and the remaining electronic content ("Products") in the form of downloadable files on various electronic media and usable in accordance with what is established and reported in the User License.
- The name of the Service, its idea, its graphic aspect and its database are exclusively owned by the company Fabler Audio srl and are protected by law.
§ 2. SIGNING OF THE CONTRACT AND USER DECLARATION ON THE REGISTRATION FORM
- The signing of the contract relating to the provision of the Service between the Service Provider and the User ("Contract") takes place by accepting the Regulations and / or by correctly completing the registration form ("Registration"). The Service Provider indicates on the registration form the data it deems necessary in order to sign the Contract and initiate the provision of the Service ("General Personal Data"). Failure to accept the Regulations automatically leads to failure to sign the Contract. The Service Provider has the right to refuse the provision of the Service referred to in the object to a specific user, only when he does not accept the Regulations, or in the event that the User provides incomplete or false General Personal Data.
- The User undertakes to enter their complete and correct data in the registration form.
- The user declares to be aware of the fact that due to the type of services offered by the Service Provider, he will not be able to withdraw from the contract, but only dissolve it in accordance with the provisions of § 8 point 1.
§ 3. USER ACCOUNT
- Following registration, the user account is activated within the Service, connected to the e-mail address indicated in the registration form ("Account"). This Account contains all the personal data that the given user has entered in the registration form and allows you to purchase, listen to and download the Products ordered.
- In the event that you want to make changes to your personal data, previously entered in the registration form, the user must absolutely carry out the update, using the form accessible in the appropriate box of his account.
- The user obtains access to his / her Account once the correct login and password have been entered in the form, which the user selects during the Registration for the Service, or during the first login, can choose to use the automatic password generator present in the Service. Login is equivalent to the e-mail address provided during registration. In the event that the user forgets his password, he can get it back once the system has checked the personal data provided, by completing the correct password recovery form, which will be sent directly to the e-mail address provided. while registering for the Service.
- The Account is inalienable.
- The user undertakes to keep his login and password secret. The user also undertakes not to let third parties use their account.
- The user undertakes not to provide the contents of the Service and to use it in compliance with the rights of other users and third parties.
- The user has the obligation to comply with the regulations in force for the use of the Service to the object, specifically the legislative provision of 23 April 1964 of the Civil Code (OJ 1964 N. 16 page 93 with subsequent mod.) And of the decree of February 4, 1994 relating to copyright and related rights (OJ 1994 No. 24 page 83 as amended) ("Copyright").
- In order to use the Service to the object, the user must be in possession of electronic equipment equipped with internet access, e-mail, programs that allow you to surf the net and that accept the use of cookie files.
§ 4. RIGHTS AND DUTIES OF THE SERVICE PROVIDER
- The Supplier has the right to temporarily block the account or access to the selected services, in the event that it certifies that the security of the account is undermined. The Supplier may also bind the user's account by forcing him to change the password to access the account itself. After changing the password, the user will immediately regain access to their account.
- The Supplier avails itself of the right of further constraints and blockages when it certifies that the user is acting against the good of the Service itself.
- The Supplier avails itself of the right to temporarily disconnect the Service in order to fix it, expand it or in order to carry out maintenance on equipment and programs, without having to notify the user.
- The Supplier is not held responsible for any disturbances and damages suffered by the user or by third parties, due to interruptions or disturbances during the provision of the Service referred to in § 4 points 1, 2 and 3.
- The Supplier is not held responsible for the Services (provision of services) that have not been carried out, or have not been completed, in the event that this non-fulfillment has been caused by third parties, for which he has no responsibility, for example telephone line operators, telephone and mobile line and connection providers, electricity suppliers.
- The Supplier is not held responsible for the Services (provision of services) that have not been carried out or have not been carried out completed due to force majeure. For reasons of force majeure, the following Regulations specifically mean: strikes, administrative decisions, subpoenas, failures in the telecommunications network or in the gateway systems of other companies, or due to Internet malfunction.
- The Supplier is not held responsible for any damage due to computer viruses, other equipment and similar programs, arising during the use of the Service by the user.
- The Provider is not held responsible for the content entered, saved or sent by the user while using the Service.
- The Supplier is not held responsible for the loss by the user, or for the possession by third parties of the login or password of the user, through which one has access to the Service and consequently, of the damages that for such action, the user goes to cause, especially in the event that third parties have not made use of this Service in compliance with the laws and the following Regulations, causing damage due to the entry of partial or invented data.
- The Promotional Offer Regulations drawn up by the competent Organizer is the document that defines the rules and conditions of the Promotion whose organizer is not the Service Provider.
§ 5. HOW TO PLACE AN ORDER
- To place an order, it is necessary to activate certain options in the Service next to each Product and by carrying out the subsequent instructions provided to the user during each stage of the order procedure.
- All prices in the Service are inclusive of VAT.
- The user has the possibility to choose the payment method for the given order, by activating certain options in the Service next to each Product.
- Once the payment method has been chosen, the user can be directed to the appropriate link in order to make the payment. Payment services are provided by third parties as per the regulations and conditions expressed in the documentation attached to the following Regulations, or in accordance with the regulations relating to the offer of services managed by this type of company ("Companies that provide payment services").
- The price of the same Product may vary depending on the payment methods chosen.
- Once the order has been placed, the user obtains a message to the indicated e-mail address stating that the order to be made has been taken over, which means that the order has been placed correctly.
- The order is made once the payment confirmation is obtained from the User to the Company (Subject) that offers the payment service itself.
§ 6. ACTIONS RELATING TO ITS INTELLECTUAL PROTECTION
- All the products offered and provided by the Service represent protected objects as per current copyright regulation.
- The user is obliged not to transmit to unauthorized third parties the products acquired, or listened to through the use of the Service. Furthermore, he has the obligation to ensure that unauthorized persons do not have access to listening and acquiring the Products purchased by him, in order to prohibit their free and illegal distribution and supply, or illegal exploitation, which means non-compliance. as required by law.
- In the event that the Supplier becomes aware of any violations referred to in § 6 point 2, he has the duty to encourage the user to eliminate the effects of such violation at his own expense. In the event that the user does not accept the condition imposed by the Supplier within 10 days from the date of obtaining the citation, the Supplier will have the right to legally claim against him as a violation of the rights of a given Product.
- The Supplier informs that all the Products accessible in the Service have a special security system against their illegal use.
- Each Product sold through the Service is individually marked with a copy of the Product which, in its file, will have entered the identification data of the transaction and of the user, who at the same time represents the purchaser of the Product itself ("Watermark"). The Product is supplied or sent to the buyer only and exclusively with this mark.
- The Watermark does not provide the user's personal data. The Supplier is the only person who is allowed to decipher and read the Watermark.
- The user, therefore the purchaser of the product, agrees to mark the Product with the help of the Watermark and undertakes not to take any action in order to modify or delete the Watermark itself from the Product data.
- The use by the Supplier of any type of program capable of protecting the Products purchased, has the sole purpose of protecting the objects and serves only to identify the violation of the conditions of use of the product set out in the following Regulations and in the regulations inherent to Copyright. The watermark is absolutely not used to collect any type of additional user data.
§ 7. REFUNDS AND COMPLAINTS
- Due to the type of Product, these are audio recordings and the fact that once this Product has been purchased, they are installed on an adequate computer data medium, the user has neither the right to return nor to sell the Product. itself, as per art. 9 decr. 1 point 6) of the law of 2 March 2000 concerning the protection of certain consumer rights and liability for damage caused by dangerous objects (Legislative Decree of 2000 No. 22, page 271 with subsequent amendments).
- The user has the right to send the complaint regarding the service under these Terms and Conditions, in writing with the title "Complaint" to the address of the service provider: Fabler Audio srl, Via Revere 6, 20123, Milan, or through the online contact form.
- The Supplier is obliged to verify the complaint within 14 working days from the date of obtaining it. Any refusal of the complaint and the reason for this decision will be communicated by the Supplier via a message sent to the e-mail address that the user provided during registration. In the event that the Supplier does not make any reference to the complaint, within 14 working days of receiving it, the complaint will be considered justified.
§ 8. TERMINATION OF THE CONTRACT
- The termination of the contract by the user must take place by written request and sent to the Supplier's address: Fabler Audio srl, Via Revere 6, 20123, Milan, a copy of the same sent by e-mail to the Supplier's e-mail address. The user must also attach a request on which he will indicate that he wishes to complete the processing of his sensitive data provided at the time of registration. In the event that the user submits this request in writing and sends it by post to the address of the Supplier mentioned above, the Contract ceases to exist at the time of delivery of the same to the Supplier.
- The termination of the Agreement by the Supplier may occur in the event that the user: exploits his account in an inconsistent manner with respect to the provisions of the Regulations, uses, or attempts to use the Service violating its intended purpose, enters illegally or attempts to illegally enter the Service server. In these cases the Supplier has the right to terminate the Contract with immediate effect.
- As a result of the dissolution, the Supplier eliminates the Account from the Service.
- The user is not authorized to transfer the rights and obligations arising from this contract to another person. The Supplier, on the other hand, is authorized to transfer the rights and obligations deriving from this contract to another person linked to him.
§ 9. FINAL PROVISIONS
- The scope of collection, communication and exploitation of your personal data with the rights you are entitled to has been described in detail in the privacy protection policy.
- These Regulations will be accessible at the Supplier's office and on the Service.
- The Service Provider reserves the right to introduce changes to the Regulations. All changes to the Regulations will be visible on the Platform at least 14 days before the changes come into force. The parties will also be notified by e-mail to the address indicated in the account registration form at least 14 days in advance. Within 7 days from the day of entry into force of the amended Regulation, registered users have the right to submit a declaration on the lack of consent to submit to the Regulation with the changes. This declaration is equivalent to the user's withdrawal from the account service contract stipulated with the Service Provider.