Terms & Conditions

This document sets out the general terms and conditions on the basis of which users are offered the use of the www.gtechgroup.it website, which offers Web site development and management, apps, management, campaign marketingsoftware, support, hosting, domains, servers.

  • Definitions

 To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set out below:

  • Owner: Gianluca Gentile, San Martino 58, C.F. GNTGLC91T25F611W , VAT no. 12238501006 , PEC address gtechgroup@pec.it
  • Application: the website www.gtechgroup.it
  • Products: the products and services provided to you by the Controller and the goods and/or services provided through the Application by a third-party supplier.
  • User: any person accessing and using the Application
  • User Consumer: a natural person over the age of 18 who concludes a contract for purposes outside his or her trade, business, craft or professional activity, if any
  • Non-consumer user:  a natural person over the age of 18 or a legal person concluding a contract for the performance of or for the purposes of his trade, business, craft or profession
  • Third-party supplier: the natural or legal person, other than the Holder, who offers Products through the Application acting in the exercise of its commercial, craft or professional activity
  • Contents: any textual or multimedia elements on the Application, e.g. advertisements, listings, reviews, images, etc.
  • Conditions: this contract governing the relationship between the Controller and the Users and the sale or supply of the Products offered by the Controller through the Application.
  • Relations between Owner, Third Party Provider and Users

 The Application hosts a platform managed by the Owner that enables Users interested in the Products offered by the Owner and the Third Party Provider to be put in contact.

On the Application, Users can therefore purchase and/or request the supply of both Products supplied by the Owner and Products supplied by Third Party Suppliers. It is always clearly indicated in the Application whether the Product is supplied by the Owner or by a Third Party Supplier.

When the Products are offered by Third Party Providers, the Owner is not part of the relationship that will be established exclusively between Users and Third Party Providers and does not assume any responsibility deriving from the relationships established between them, being considered as a mere technical manager of the Application. Therefore, any contract stipulated between Third Party Providers and Users is not subject to these Conditions.

The terms and conditions of each Third Party Supplier are made available on the Product page or Third Party Supplier's tab. Therefore, you should check its terms and conditions of sale or supply published on the Application before transacting business with that party.

  • Detailed Information on the Application Offer

The application provides users with the possibility of purchasing web services independently and requesting quotes for the creation of websites, android and iOS apps, and web management. We also offer marketing services with the creation and management of advertising campaigns on Google and Sky.

  • Scope of the Conditions

Use of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the Terms and/or any other note, legal notice, information published or referred to therein, he/she will not be able to use the Application or its services.

 The Conditions may be changed at any time.

The applicable Conditions shall be those in force on the date of transmission of the purchase order or request for supply of a Product.

Before using the Application, the User should read the Terms carefully and save or print them for future reference.

 The Owner reserves the right to change, at its own discretion, at any time, even after the User's registration, the graphic interface of the Application, the Contents and their organisation, as well as any other aspect that characterises the functionality and management of the Application, notifying the User of the relevant instructions where necessary.

  • Purchase or request for supply through the Application

 All Products offered through the Application are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times, accessory charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. Furthermore, any Product images are only representative and do not constitute a contractual element.

 Purchases and/or requests for the supply of one or more Products via the Application are permitted to both Consumer Users and non-consumer Users.

For natural persons, purchases and/or requests for supply are permitted only if they are over 18 years of age. For minors, any purchase and/or request for supply of Products through the Application must be screened and authorised by their parents or those exercising parental responsibility.

The offer of Products through the Application constitutes an invitation to offer and the order sent by the User shall be considered as a contractual proposal of purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall, at its sole discretion, have the right to accept or reject the User's order without the User being able to object or complain of anything for any reason whatsoever. 

 The contract of sale or supply of the Products is concluded with the acceptance by the Controller of the User's contractual proposal . The Controller will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by displaying an order confirmation web page, which will contain the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the delivery and execution times, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.

The contract of sale or supply of the Products shall not be deemed effective between the parties in the absence of the foregoing.

If the Product is not available, the Holder shall inform the User of the new delivery or supply terms, asking whether or not he intends to confirm the order. It is understood that the contract shall be deemed to have been concluded in respect of the Products accepted by the Holder.

The User undertakes to verify the correctness of the data given in the order confirmation and to notify the Controller immediately of any errors and shall keep a copy of his order, its confirmation and the Conditions. 

  • Registration

 In order to take advantage of the Application's functionalities, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy ( https://gtechgroup.it/privacy-policy/) and the Conditions.

The User is responsible for guarding his or her access credentials, which must be used exclusively by the User and may not be passed on to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to inform the Controller immediately if he suspects or becomes aware of any misuse or improper disclosure of them.

The User warrants that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Controller harmless and indemnified against any damage, indemnity obligation and/or penalty arising from and/or in any way connected with the User's breach of the rules on registration with the Application or on the storage of registration credentials.

  • Account deletion and closure

 Registered Users may stop using the Application at any time and deactivate their account or request its deletion via the Application's interface, if possible, or by sending a written notice to the e-mail address support@gtechgroup.it or by calling customer service on 06 88 79 94 42.

In the event of a breach by the User of the Terms or any applicable legal provisions, the Owner reserves the right to suspend or terminate the User's account at any time and without prior notice.

  • Subscription

The Application offers subscription Products. The features and how to subscribe are detailed in the Application.

To subscribe, the User must follow the procedure indicated in the Application and enter the required data. Any charge for the subscription will commence on the date specified and with the frequency indicated at the time of subscription.

The subscription is renewed in the manner and at the times indicated in the Application.

 Users may deactivate the renewal via the Application or by sending a communication to the e-mail address support@gtechgroup.it either by calling customer service on 06 88 79 94 42 or by changing the preferences of the payment method used.

  • Prices and payments

 For each Product, the price including VAT, if due, is indicated. Where the nature of the Product makes it impossible to calculate the price in advance, the method of calculating the price is indicated.

 In addition, any taxes, additional charges, which may vary depending on the method of payment used, shall be indicated. If these expenses cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.

The Holder reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes shall in no case affect contracts already concluded prior to the change.

The User undertakes to pay the price of the Product at the time and in the manner indicated in the Application and to communicate all the necessary data that may be required.

The Application uses third-party tools for payment processing and in no way comes into contact with the payment data provided (credit card number, holder's name, password, etc.).

Should such third-party instruments deny authorisation for payment, the Holder may not supply the Products and may not be held liable in any way.

  • Invoicing

 The User who wishes to receive the invoice will be asked for the invoicing data. The invoice shall be issued on the basis of the information provided by the User, which the User declares and guarantees to be true, releasing the Controller in full indemnity in this regard.

  • Provision of Digital Products and Services

 The Owner will provide the digital Products and/or services to the User, in the manner and within the term indicated on the Application and set out in the order confirmation.

 In the event that it is not possible to supply the requested digital products and services within this period, the User will be notified promptly by e-mail, stating when it is expected to be possible to supply them or the reasons why supply is impossible.

If the User does not wish to accept the new term or the supply has become impossible, he may request a refund of the amount paid, which shall be credited promptly in the same manner as the payment method used by the User for the purchase within a maximum of 14 days after the Holder has become aware of the request for a refund.

  • Exclusion of the right of withdrawal of non-consumer users

The non-Consumer User is not recognised as having the right to withdraw from the contract of sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him as a non-consumer User, for whom the right of withdrawal is not provided. 

  • Right of withdrawal of consumer users from the purchase of digital products and services

 Only the Consumer User who, for any reason whatsoever, is not satisfied with the Product has the right to withdraw from the contract without penalty and without specifying the reason within a period of 30 days from the date of conclusion of the contract, by sending a written communication to the following e-mail address support@gtechgroup.itusing the optional withdrawal form set out in the following article or any other written declaration.

In the event of a correctly exercised withdrawal, the Controller shall reimburse the User Consumer for the payments received, in the same payment method used by the User for the initial transaction, without undue delay and in any event within 14 days of the date on which the User communicated that he wishes to withdraw from the contract. 

In the event of the purchase of a digital Product, the Consumer User acknowledges and accepts that he/she will lose the right of withdrawal if the execution or download of the digital Product has begun with his/her express agreement and acceptance that he/she will lose the right of withdrawal after the execution or download has begun, pursuant to Art. 59, letter o) of the Consumer Code.

In the event of a request for the provision of a service, the User Consumer acknowledges and accepts that he/she will lose the right of withdrawal after the service has been fully provided if the service has begun with his/her express agreement and acceptance to lose the right of withdrawal after the service has been performed, pursuant to Art. 59(a) of the Consumer Code. Furthermore, the User-Consumer acknowledges and accepts that he loses the right of withdrawal if he has requested the service to begin during the withdrawal period, pursuant to Section 51(8).

If the service has not been fully performed and the consumer user wishes to withdraw from the contract, he shall nevertheless remain obliged, pursuant to Section 57(3) of the Consumer Code, to pay the Controller an amount in proportion to what has been performed up to the time he exercised his right of withdrawal.

The User-Consumer acknowledges and accepts that withdrawal from a subscribed subscription does not entail the return of any amounts relating to Products already used or dispensed.

  • Exclusion of the Consumer's right of withdrawal

The right of withdrawal from the contract of sale or supply of Products by the Consumer User is relatively excluded:

  • the supply of tailor-made or clearly customised products
  • to contracts in which the User Consumer has specifically requested a visit by the Controller or a professional appointed for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such a visit, the Controller or a commissioned professional provides services in addition to those specifically requested by the User Consumer or goods other than spare parts necessary for carrying out maintenance or repairs, the right of withdrawal applies to such additional services or goods
  • the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery

 For further clarification, please contact the owner at the following e-mail address support@gtechgroup.it or by calling customer service on 06 88 79 94 42.

  • Optional form to exercise the right of withdrawal

 

  • The User may withdraw using the following form, which must be completed in full and sent to the e-mail address support@gtechgroup.it before the expiry of the withdrawal period:

  I hereby give notice of withdrawal from the contract of sale or supply relating to the following product __________
 Order number:_______
 Ordered on: _______
 First and last name: _______
 Address: ______
 E-mail associated with the account from which the order was placed: ____________________
 Date: __________
  

  • Content posted by Users

The User may upload Contents on the Application, provided that they are not illicit (i.e. obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violate the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or are not in any other way detrimental to the Owner and/or third parties or do not contain viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming. In the event of a dispute by a third party, the User assumes full responsibility and undertakes to indemnify and hold harmless the Owner against any damage, loss or expense.

You warrant that Content is submitted to the Application through your account by persons of legal age. For minors, the submission of Content must be screened and authorised by their parents or guardians.

The User is totally and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, management of the Contents and contact between Users, and is therefore the sole guarantor and manager of the correctness, completeness and lawfulness of the Contents and of his own behaviour.

It is prohibited to use an e-mail address that does not belong to the User, to use the personal data and credentials of another User in order to appropriate the User's identity, or in any other way to misrepresent the origin of the Content.

The Owner is not able to ensure timely control over the Contents received and reserves the right at all times to delete, move, modify those that, in its discretion, appear illicit, abusive, defamatory, obscene or damaging to copyrights and trademarks or in any case unacceptable.

The Users grant the Owner a non-exclusive right of use over the Content submitted, without any geographical area limitation. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works from, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, including audio and video) that may be sent by the User, even through third parties.

Submitted Content will not be returned and the Owner shall not be liable to Users for the loss, modification or destruction of the transmitted Content.

It is expressly forbidden, unless expressly authorised by the Owner: i) to use automatic systems for uploading advertisements, except for those expressly authorised, ii) to serially publish and/or manage advertisements on behalf of third parties by any means or methods, iii) to resell the Owner's services to third parties.

  • Industrial and Intellectual Property Rights

The Owner declares that it is the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Application and/or the Content available on the Application. Therefore, all the trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensors and are protected by current trademark laws and relevant international treaties.

The Terms do not grant the User any licence to use the Application and/or individual content and/or materials available therein, unless otherwise stipulated.

Any reproduction in any form whatsoever of the explanatory texts and contents of the Application, if not authorised, shall be considered an infringement of the Holder's intellectual and industrial property rights.

  • Warranty Exclusion

The Application is provided on an "as is" and "as available" basis and the Owner makes no express or implied warranties in relation to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will be uninterrupted or error-free or that it will be free of viruses or bugs.

The Owner shall endeavour to ensure that the Application is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the Owner's control or for events of force majeure.

  • Limitation of Liability

The Holder shall not be liable to the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside its own control or that of its suppliers.

 Furthermore, the Holder shall not be liable for any damages, losses and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to him, the User being only entitled to a full refund of the price paid and any additional charges incurred.

 The Cardholder assumes no liability for any fraudulent or unlawful use that may be made of credit cards and other means of payment by third parties, as it does not in any way come into contact with the payment data used (credit card number, cardholder's name, password, etc.).

 

The Holder shall not be liable for:

  • any loss of business opportunity and any other loss, even indirect, that the User may suffer that is not a direct consequence of the breach of contract by the Controller
  • incorrect or inappropriate use of the Application by Users or third parties
  • the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for their correct entry

In no event shall the Holder be liable for more than double the amount paid by the User.

  • Force majeure

The Controller shall not be liable for any failure to perform or delay in performing its obligations due to circumstances beyond the Controller's reasonable control due to force majeure events or, in any event, to unforeseen and unforeseeable events and, in any event, beyond its control.

The fulfilment of obligations by the Holder shall be deemed suspended for the period during which force majeure events occur.

The Controller shall do everything in its power to find solutions that enable the proper fulfilment of its obligations despite the persistence of force majeure events.

  • Linking to third-party sites

The Application may contain links to third-party sites/applications. The Owner exercises no control over them and is therefore in no way responsible for the content of these sites/applications.

Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third parties will apply to the individual services, with respect to which the Owner accepts no responsibility.

  • Privacy

 Personal data will be protected and processed in accordance with the Privacy Policy, which can be found at https://gtechgroup.it/privacy-policy/

  • Applicable law and jurisdiction

The Conditions are subject to Italian law.

For Consumer Users, any dispute relating to the application, execution and interpretation of these Terms shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring a case before a judge other than the "consumer court" pursuant to Article 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Italian Code of Civil Procedure.

È fatta salva l’applicazione agli Utenti Consumatori che non abbiano la loro residenza abituale in Italy delle disposizioni eventualmente più favorevoli e inderogabili previste dalla legge del paese in cui essi hanno la loro residenza abituale, in particolare in relazione al termine per l’esercizio del diritto di recesso, al termine per la restituzione dei Prodotti, in caso di esercizio di tale diritto, alle modalità e formalità della comunicazione del medesimo e alla garanzia legale di conformità.

For non-consumer Users, any dispute relating to the application, execution and interpretation of these Terms shall be submitted to the courts of the place where the Holder is established.

  • Online Dispute Resolution for Consumer Users

The Consumer User residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to settle out of court any disputes relating to and/or arising from contracts for the sale of goods and provision of services concluded online. Accordingly, the User Consumer may use this platform to resolve any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date 01/01/2020

G Tech Group