TERMS AND CONDITIONS

Article 1

Site ownership and premises

These General Contract and Supply Terms and Conditions, drawn up in accordance with Italian Legislative Decrees No. 70/2003 and No. 206/2005, govern the sale services on the website www.licensel.com and are entered into between Digicode Solution LLP (hereinafter also the “Company”), Partnership No. OC454045, with registered office in London, 5th Floor, 22 Eastcheap, EC3M 1EU, email: info@licensel.com, and any person (hereinafter also the “User”) who browses the pages of the website www.licensel.com (hereinafter the “Site”) and uses the remote purchasing services for products made available on it. The Company and the User together are also referred to as the “Parties”. The Site is operated by the Company and allows the purchase of products marketed by the Company. These Terms and Conditions are binding between the parties identified above and apply to all Users purchasing one or more products offered on this Site. Users who use the services offered on this Site declare that they know and accept these Terms and Conditions. Subject to mandatory law, for the purposes of these Terms and Conditions, the User agrees that all contracts, notices, disclosures and other communications provided electronically satisfy any requirement for writing, where required by law.

Article 2

Subject matter

These Terms and Conditions bind the Parties and concern the purchase of products offered for sale on the Site. The Company sells ESD licences through the Site.

Article 3

Prices

Prices shown on the Site are clearly indicated in euros and include VAT. Prices may change over time but will not affect the price charged to the User at the time of purchase, nor create any new rights for the User regarding prices. The above does not apply where listed prices are manifestly disproportionate to normal market value due to clerical errors.

Article 4

How to purchase

To purchase the products referred to in art. 2, the User shall add the selected products to the cart, then enter the data for delivery of the ordered products, accept these Terms and Conditions and the Site’s Privacy Policy, and pay as provided therein. Payment must be made in a single instalment using the methods available on the Site, including PayPal, Amazon Pay, Google Pay, or credit or debit card. If the User chooses payment via PayPal, Amazon or Google, the browser will be redirected to a page on the provider’s servers at checkout. If the User chooses card payment, this is subject to the issuing bank being enabled for online purchases. The payment process constitutes a purchase offer. The purchase is deemed completed when the User receives an email at the address provided at checkout containing the software activation key and installation instructions. If there are problems with the checkout process or errors in the data entered, the User may write to info@licensel.com. The Company will verify compliance with the steps above and, unless there are justified grounds to the contrary, will complete the purchase. The Company is not liable for any delay in delivering the products due to errors in the data entered. Concluded purchases are stored electronically on the Company’s devices.

Article 5

Promotional codes

Users who receive a promotional code to use on the Site via newsletter, social networks or approved promotional websites may enter it at checkout. Each code has a start and end date; that time limit cannot be extended in any way.

Article 6

Customer service

Customer service is available:

• by operator — Monday to Saturday, 8:00 a.m. to 8:00 p.m.;
• via Digital Assistant on WhatsApp or by completing the form on the Site — 24 hours a day, 7 days a week, including public holidays.

Article 7

Sales and Site use conditions

Purchase by the User implies full knowledge and acceptance of these Terms and Conditions. No undertaking exists between the User and the Company and no purchase contract is formed if, during order entry, obvious and identifiable errors or inaccuracies occur for facts attributable to either the User or the Company — including, by way of example only, errors in the User’s data (including the email address for delivery), or in identifying/selecting products, quantities or price. Before sending the activation key and installation instructions, the Company may verify the correctness of prices for products in the cart and ordered by the User and, if prices are wrong, may cancel the order. If delivery to the email address indicated fails, the User will be contacted to arrange an alternative delivery method or a full refund of amounts paid. The User undertakes to indemnify the Company and its suppliers against any loss, damage, liability, adverse consequence or expense connected in any way with claims against the User arising from use of Site materials in breach of applicable law, third-party rights or these Terms and Conditions. The User is solely responsible for any consequences (legal or otherwise) of improper use of products sold by the Company. No complaint, liability or claim may be brought by the User against the Company or its suppliers in connection with the service provided. The Company warrants that delivered products meet legal requirements for use, reliability and durability. The User shall inspect the product(s) on receipt and, if any product does not match the order, notify the Company by email at info@licensel.com within 14 days of receiving the order.

Article 8

Order delivery

Products will be sent within a maximum of [insert number of] business days from the date of purchase, by digital delivery.

Article 9

Quality seal and buyer protection

The www.licensel.com site meets strict quality criteria supporting secure purchases through the Trusted Shops seal (Trusted Shops). The Company also provides, through Trusted Shops buyer protection (Trusted Shops), free cover for the User’s orders up to €2,500.

Article 10

Right of withdrawal

The Parties agree that no right of withdrawal exists where the User is not a consumer. Consumer Users may exercise the right of withdrawal within 14 days of purchase by writing to info@licensel.com. The User acknowledges waiving the right of withdrawal for purchases of digital products not supplied on a tangible medium once performance and use have begun, as under art. 59(o) of Italian Legislative Decree No. 206/2005. In other cases, withdrawal notice must be sent before the 14-day period expires. If the User requested split deliveries for products in a single order, the withdrawal period runs from delivery of the last product. After the Company receives the product, it will refund using the payment method chosen when ordering. The User has no right of withdrawal in the following cases:

• circumstances beyond the Company’s control, such as damage due to force majeure or acts of God.

Article 11

Company obligations

The Company is not liable for any damage that is not the immediate, direct consequence of breach of contract. The Company is not responsible for performance of obligations of third parties that may offer commercial guarantees on products sold on the Site. The Company may block access to the Site in case of breach of applicable law and/or these Terms and Conditions. The Company is not liable for delays or failures to perform, nor for delays, disruptions or suspension of the Site where due to force majeure or events beyond its control. (By way of non-exhaustive example only, causes that may lead to suspension, delay or non-performance for which the Company is not liable include: failure of telephone/electric/Internet lines; failure of software, hardware or hosting services; interruptions or suspensions due to law or acts of Italian or foreign authorities; tampering or third-party interventions on equipment or services used by the Company; improper use of the platform by Users; connection failures on the User’s side; non-compliant or obsolete User equipment or software; service failures, data loss, accidental disclosure of personal or sensitive data not caused by the Company; and any damage following attacks by hackers, criminals or viruses.)

Article 12

Privacy and cookies

For information on the processing of personal data and on the use of cookies, please refer to the dedicated sections published on the Site (typically in the website footer), including the privacy notice and the cookie policy.

Article 13

Language, applicable law, dispute resolution and jurisdiction

These Terms and Conditions are drawn up in Italian. Without prejudice to rights afforded to consumers, the Court of Brescia (Italy) shall have exclusive jurisdiction over any dispute. Consumer Users habitually resident in the European Union may benefit from additional protections under mandatory rules of their country of residence. Consumer Users may use the European Commission’s online dispute resolution platform, available at: European Commission ODR platform.

Article 14

Links to external websites

Links to external sites provided by the Company are for information only. The Company is not responsible for use of external sites. Including external links does not imply affiliation or liability for correct processing of data under privacy laws or any other information the User/Customer provides to external websites.

Article 15

Duration and changes

These Terms and Conditions remain valid and effective until modified or supplemented by the Company. Any changes take effect and bind the User from publication on the Site and apply to sales made from that date. Changes required by law or regulatory updates will be published on the Site to inform the User.

Article 16

Final provisions

If any clause is wholly or partly void or ineffective, the remainder of this agreement remains valid between the parties. The Company may at any time without notice disable the User’s access to the Site or suspend sales if the User breaches one or more clauses or wilfully acts in bad faith under this agreement, without the User being entitled to damages, compensation or repayment of sums. Failure by the Company to act on the User’s breach does not waive the right to act later.

Article 17

Communications and complaints

All communications and any complaints by the User towards the Company must be sent to: info@licensel.com