Sales terms and conditions applicable to the service - Users

Definitions

According to these general conditions, the terms and expressions below shall have the respective meanings ascribed to them in this paragraph. Updates and Developments: updates, supplements, adjustments, developments, improvements and changes usually made by GETCOO and/or by third-party partners involved in the provision of the Services. Support: technical support service aimed at providing the User, at his or her request and when possible, with technical solutions to ensure the correct use of the Services. Login credentials: authentication system through which the User can access and use the Services, including identification codes and access keys provided to him or her and associated with his or her name. Service: software application that can be used by the User remotely, and, on request, through a web interface, based on the collection and processing of photographic images exploiting a physical component called INSTABRICK Box.

Object

These terms and conditions regulate the procedure by which GETCOO provides the User with the INSTABRICK Service. In particular, the Service provided is a software application that can be used by the User remotely, and, on request, through a web interface, based on the collection and processing of photographic images exploiting a physical component called INSTABRICK Box . These terms and conditions also regulate the purchase and sale of the hardware component required to access the software application called “INSTABRICK Box” (hereinafter referred to as the “Box”), available on the website. The Service is provided by GETCOO also through the Internet; to learn more about the service technical features and functions see online help, which Users shall explicitly acknowledge and accept. GETCOO may, at its sole discretion and for technical, organisational and commercial purposes, cooperate with its suppliers who can carry out some or all of the activities required for the provision of the Service. Users undertake to use the Service in compliance with GETCOO’s Intellectual Property Rights and these Terms and Conditions. GETCOO reserves the right to change or amend these Terms and Conditions at any time. These changes shall take effect from the moment they are made available on the platform, it being understood that any orders already accepted will continue to be governed exclusively by the Terms and Conditions in force when placing an order.

Limitations

The Service is provided exclusively to natural persons for purposes other than commercial, industrial or professional purposes. Therefore, GETCOO reserves the right to set a maximum number of boxes that can be purchased with a single transaction.

How to purchase the Box

To complete the purchase of the Box, users shall follow the instructions and procedures made available on the website. Users shall verify that the content of each order is correct before confirming it, after entering all the information required in the forms available on the website. Before confirming their orders, Users shall confirm that they have checked the contents of the order and agree to the Terms and Conditions. Users will also receive an email confirming receipt of the order placed, with a summary of the information already entered in the form such as, for example, User data, shipping methods and addresses, price and any delivery costs.

Login credentials

Users can access the Service using a specific QRCode and login credentials (username and password), provided to/created by the User when accessing the web platform for the first time. Sharing the User's access credentials with third parties could promote service misuse; therefore, Users undertake to keep them confidential and use them with the utmost diligence, as well as to promptly notify any unauthorised use and any other breach of security of which they become aware.

Web application availability

The web application, an integral part of the Service, will be available 24 (twenty-four) hours a day, except for special features, which will be available as specified from time to time. GETCOO may suspend and/or interrupt the Service in order to ensure any ordinary or extraordinary maintenance, and undertakes, in this case, to inform Users in advance, if possible. In such cases, Users are not entitled to any compensation and/or refund for the period of time during which they could not use the Services. GETCOO does not warrant the Service will operate without interruption or be error free, and does not warrant any errors will be corrected. Furthermore, the tools, systems or other devices or networks used to access the Service can be vulnerable to attacks or intrusions; therefore, GETCOO makes no warranty, either expressed or implied, to the extent that this does not conflict with the regulations in force. GETCOO undertakes to provide Users with a remote Support service, which is available as specified on the web platform, while any direct intervention on the User's computer systems will be not provided. Users undertake to promptly – and, in any case, no later than 24 (twenty-four) calendar hours – report any Service faults or malfunctions. Users shall be responsible for any damage caused due to the fact that any faults or malfunctions have not been promptly reported. Users shall also be responsible for backing up and storing their data, documents and other contents.

Fees and payment methods

The costs of the Service indicated on the Website are expressed in EURO and include VAT. GETCOO reserves the right to make changes to the costs of the Service at any time and without notice. Any changes will take effect from the time they are made available on the website, it being understood that the prices in force when placing an order will continue to be applied until Service renewal. The payment methods available are those listed on the platform.

Warranty on physical components

INSTABRICK Box physical component is covered by warranty pursuant to Articles 128 and subsequent of Legislative Decree 206/2005 (the “Consumer Code”). GETCOO is, therefore, responsible towards Consumers for any lack of conformity which already exists when the above physical component is delivered or becomes apparent within two years. In this case, Consumers are entitled to have the physical components brought into compliance, free of charge, by getting them repaired or replaced, or to adequate reduction of price or to termination of contract according to the terms and conditions set out in Article 130 of the Consumer Code. No warranty is granted in connection with faults not reported by Consumers to GETCOO within two months of the discovery of any non-conformities. The costs for bringing the physical component into compliance, including shipping costs, shall be borne by GETCOO. Consumers shall return any defective physical components to GETCOO by sending them, by courier, together with a description of the defects and/or faults detected, in their original condition and packaging and with their identification QRCode still attached.

Return policy

Users have the right to return all or part of an online purchase, without penalty and without providing any explanation, within 14 days of receiving the Box. After this term, consumer return rights can no longer be exercised. Users shall return the Box – according to the procedure described on the Help page and the specified terms – to GETCOO in their original condition and packaging, and with its identification QRCode still attached. The shipping costs for returning the Box shall be borne entirely by the User. If consumer return rights are validly exercised, GETCOO will refund the amount paid for the purchase of the Box at the earliest possible time, or, if a User decides to withdraw from the Service agreement, the accrued amount corresponding to the value of the residual period of time during which the Service will not be used.

Updates

Users acknowledge and accept that, where deemed appropriate at the sole discretion of GETCOO, Updates and Developments may result in the modification or elimination of some features. Users release GETCOO from all liabilities for any damage resulting from Updates and Developments, provided that such damage does not result from wilful misconduct or gross negligence.

Intellectual property rights

Any material or code that is protected by GETCOO intellectual property and/or industrial rights that is made available to Users through the provision of the Service shall be used by the latter in compliance with any licences and/or current legislation.

User obligations and responsibilities and prohibited uses

Users shall have a stable connection in order to use the Services. Users shall use functional equipment and accessories approved according to the standards in force, so that they will not cause any interference or inconvenience when using the Service. Use of the Service is the sole responsibility of Users, who shall also be solely responsible for any damage, cost, charge and compensation resulting from breach of any of these Conditions. Users undertake to use the Service exclusively for lawful purposes and not in contrast with mandatory legal provisions, customs and practices and reasonable diligence. In the event of non-fulfilment or alleged non-fulfilment of even one of the aforementioned obligations, GETCOO shall have the right to intervene – as it considers appropriate – to remedy, where possible, any breach or alleged breach of contract and reduce its effects, as well as the right to suspend and/or interrupt and/or disable access to the Service, immediately and without notice. Users are the owners of the intellectual property protecting the contents, such as, in particular, the photographs, created through the INSTABRICK Box and shared on the web platform associated with the Service. Users grant GETCOO a royalty-free, non-exclusive, transferable and sub-licensable worldwide licence to send, use, distribute, modify, edit, copy, share or display, translate and create any derivative works, even if protected by intellectual property laws.

Limitation of liability

GETCOO shall not in any event be held liable for any damage suffered by a User or by a third party, whether directly or indirectly, as a result of the use of the Services provided, except in cases of wilful misconduct or gross negligence. GETCOO undertakes to ensure the availability of the Service and all its features, but shall not be responsible towards its Users and towards third parties for any delays, malfunctions, suspension and/or interruption in the provision of the Service, which are due to causes not attributable to errors or negligence, including but not limited to: a) fortuitous event and force majeure; b) malfunctions, non-compliant connection devices used by the User; c) failures and/or malfunctions of machines and software, whether they are owned by GETCOO or its suppliers; d) tampering with or interventions on the Services or equipment by the User or by third parties; e) incorrect or non-compliant use of the Service by the User. In these cases, GETCOO shall not be held liable for any loss, damage and/or injury suffered or that could be suffered by the User and/or third parties.

Online resolution of disputes (ADR and ODR)

Pursuant to Article 14 of Regulation 524/2013, please note that any disputes can be submitted to the European ODR platform available at http://ec.europa.eu/consumers/odr/ . The ODR platform is available to Users who wish to resolve disputes arising from online sales or service contracts without the parties having to resort to court.

Applicable law and disputes

These Terms and Conditions are governed by Italian law and shall be interpreted according to it. For any disputes arising from the interpretation or application of these Terms and Conditions, the Court in the city where the User lives or resides or the Court of Ravenna – as decided by the User – shall have jurisdiction, according to the applicable law.