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Terms of use

Terms and Conditions Agreement

This document includes the general terms and conditions of use of the website  https://shop.varietydistribution.it/ which offers the possibility of purchasing audiovisual contents through TVOD (Transaction Video On Demand) by using the Application.

Definitions

For complete understanding and acceptance of the Terms and Conditions, the following terms, in the singular and plural forms, will have the meanings as stated below:

  • Owner: VARIETY DISTRIBUTION S.R.L., registered office Corso Trieste 42, 00198 Rome, VAT Code / Tax Code 15178651004, REA 1573114, fully paid-in share capital € 107,100.00, CEM variety@arubapec.it
  • Application: website https://shop.varietydistribution.it/
  • Contents: the digital audiovisual contents that the User can get through the Application by the TVOD function (Transaction Video On Demand) made available by the Owner
  • User: anybody accessing and using the Application
  • Consumer User: any natural person of the full age of majority who enters a contract for purposes other than those connected with their possible business, commercial, artisan or professional activity.
  • Conditions: this agreement which rules the relationships between the Owner and the Users, as well as the selling of the Contents provided by the Owner through the Application.

 

Detailed information about the Application offer

The Application grants the Users the right to save, access, visualize, use and show copies of the Contents on their own devices for an exclusively private and not commercial use. This right granted is not exclusive and is limited to these Conditions. All the rights related to the Contents which are not expressly granted to the User by these Conditions shall be reserved. In case of violation by the User of any restriction of  Contents or any other rule and guideline here included or any applicable regulation, the Owner shall have the right to suspend the User’s access to the Application and/or immediately suspend all the rights granted. The Owner will be responsible for informing the User about the reason of the termination and/or suspension, unless it is reasonably likely that this action could place the  Owner or other person in a position of legal liability,  could jeopardize investigation or the operation of any product or service, could damage our users or violate the law or the regulations by an authority responsible for the application of a law.

Use of Contents

To access and use the Contents through the TVOD function, the User shall use a device complying with the system requirements (device operating systems supported and updated by the manufacturer, use of an updated browser, etc.) and a broadband Internet connection higher than 24 Mbit/s in download and 1.5 Mbit/s in upload. The User understands and accepts that the bandwidth of the Internet connection will affect the vision quality  of the Content and he cannot neither attribute to the Application’s Owner any responsibility for that  nor ask for any compensation

Restrictions

The User cannot:

  • show the Contents (in whole or in part) within public performances or exhibitions even though no costs/fees are charged
  • sell, rent, distribute, disseminate, transmit, communicate, modify, license, transfer or assign Contents to third parties, even in relation with the downloads that the User could obtain through the Application
  • use the Contents for others’ sharing, borrowing or use or for any other institution’s purpose
  • try or help and/or encourage other Users to elude, deactivate or cancel security functions or components aiming at protecting, blocking or limiting otherwise the access to any Content;
  • neither remove watermarks, labels or any other legal notice or information about property rights included in the Contents, nor try to modify the Contents obtained through the Application, including any possible alteration aimed at hiding and modifying the information related to the property rights or the source of the Contents.

In case of violation by the User of the restrictions above referred, of the Conditions or of any applicable law, the Owner shall retain the right to suspend or close the User’s account at any time and without prior notice and terminate the contract with the User, without prejudice to the right to damage compensation.

Field of application of the Conditions

The use of the Application implies the User’s acceptance of the Conditions. In case the User does not agree to accept the Conditions and/or any other note,  legal notice and /or information published or here included, the User can no longer use neither the Application nor the related services.

The Conditions can be modified at any time.

The applicable Conditions are the ones in force at the date of transmission of the purchase order or of request for the supply of a Content.

Before using the Application, the User is required to read the Conditions carefully and save or print them for future consultation.

The Owner retains the right to change at its own discretion, at any time even following the User’s registration, the Application’s graphic interface, the Contents and their organization, as well as any other element characterizing the Application functionality and management, by communicating the related instructions, if any, to the User.

In-app purchase

All the Contents provided through the Application are described in detail in the pages referring to the product (quality, system requirements, features, availability, price, times of use, additional charges, etc.).

The purchase of one or more Contents through the Application is allowed to Consumer Users.

The natural persons are allowed to purchase only on condition that they are of age. Minors’ purchases and/or requests of Contents supply through the Application shall be evaluated and approved by their parents or  those exercising parental authority.

Users who want to purchase one or more Contents can select them, add to cart and submit the relevant order through the Application following the instructions available.

Once the order is taken in charge and the payment authorization is processed the Owner shall email the User an order confirmation to the email address provided by the User. The email shall include the date of the order, the User’s details, features and availability of the product, price, possible taxes and ancillary costs, the procedures to exercise the right of withdrawal or its possible exclusion, and the warranty.

The sales agreement of the Content shall not be considered effective between the parties in case of failure to fulfil the aforesaid obligations.

In case the Content is not available, the Owner shall inform the User about the new terms of delivery and supply, and shall ask the User a confirmation of the order. It is hereby understood that the contract shall be considered executed with relation to the Contents approved by the Owner.

The User undertakes to verify the correctness of the data entered in the order confirmation and to promptly inform the Owner about possible errors. The User shall also undertakes to keep copy of the order, the related confirmation and the Conditions.

Registration

To use the Application features, the Users must register by providing, in a truthful and complete way, all the required data  in the registration form and fully accept the privacy policy (https://shop.varietydistribution.it/privacy-policy) and the Conditions.

The Users are required to keep and safeguard their own access credentials which can be used by them only and cannot be tranferred to third parties. The Users undertake to keep their credentials confidential and to make sure that no one else can access them, as well as to promptly inform the Owner in case they suspect or learn about any misuse or improper disclosure of the credentials.

The Users ensure that the personal information provided in the registration procedure is complete and truthful and undertake to keep the Owner  harmless and indemnified from any damage, compensation requests, and/or sanction arising from and/or in any way connected to the Users’ violation of the rules on the registration in the Application or the preservation of registration credentials.

Cancellation and closure of the account

The registered Users can discontinue the use of the Application at any time and deactivate their own accounts by written notice to be sent to the email address sales@varietydistribution.it . A request of cancellation of their personal data can be also submitted.

Prices and payments

For each Content, the price given is VAT including, if applicable. In case the Content is offered at a discounted price, the original price and the discount percentage applied shall be provided in the informative form.

The Owner  reserves the right to modify, at any time, the price of the Contents and any possible additional cost. It is hereby understood that any possible price change shall not affect in any way the contracts already entered before the change.

The User agrees to pay for the price of the Content in the time and manner provided in the Application and to provide all the necessary data  possibly requested..

It is hereby clarified that the price of the Contents is due and shall remain unchanged even in case the view will result into a format and a resolution lower than the one chosen by the User, due to an insufficient bandwidth or because the User is using a device which does not comply with the required quality.

The Application uses third-party tools for payment processing and does not get any access to the payment data provided (credit cards number, holder’s name, password, etc.).

Should these third-party tools deny authorization to payment, the Owner shall not provide the Contents and shall not be considered responsible for that in any way.

Invoicing

The User who wants to receive the invoice shall be requested to provide the necessary data for invoicing. For the issue of the invoice, the information provided by the User  shall be considered, upon his declaration and guarantee it corresponds to truth. This declaration shall leave the Owner fully indemnified in this regard.

Terms of Content Supply

The Owner shall supply the Contents through the terms and conditions indicated on the Application and contained in the order confirmation.

In case of impossibility of providing the digital Contents requested within the term, the User shall be promptly notified by email and informed about the possible alternative time by which the Contents are likely to be delivered or the reasons why the supply cannot be provided.

If the User does not accept the new term or the supply becomes impossible, the User shall be entitled to reimbursement of the amount paid which shall be promptly credited  with the same payment procedures used by the User for the purchase, no later than 14 days from the date on which the Owner learnt about  the refund request.

Users’ right of withdrawal from the purchase of Contents

The Consumer User has the right  to withdraw, without any penalty and without specifying the reason, by sending a written communication to the email address sales@varietydistribution.it within the term of 14 days from the date of the entering into the contract. The communication must include the order code, the film title and copy of the payment receipt. The withdrawal form as set forth  in article 14 or any other written statement can be used.

In case of withdrawal exercised correctly, the Owner shall refund the User the payments processed, with the same payment procedures used by the User for the initial transaction, without undue delay and anyway no later than 14 days from the date on which the User has notified the withdrawal from the contract.

The User acknowledges and accepts that he shall lose the right of withdrawal after using or downloading a Content onto his own devices.

Cases of exclusion of the User’s right of withdrawal

The right of withdrawal from the contract of sale or supply of Contents exercised by the User is excluded in relation with:

  • the supply of Contents, whose price is dependent on the fluctuations in the financial market which cannot be controlled by the Owner and can occurr during the withdrawal period
  • the supply of Contents evidently tailored and customized
  • the supply of Contents which might risk deterioration or expire rapidly. All food Contents (including beverage) subject to alteration also as a consequencec of incorrect conservation fall within this category
  • the supply of sealed Contents which are not suitable for being returned for reasons of hygiene and health protection, and because they have been opened after delivery
  • the supply of Contents which, after delivery, become indissolubly blended with other good, because of their nature
  • the contracts in which the User has specifically requested a visit of the Owner or a professional in charge for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such a visit, the Owner or a professional in charge provides additional services to the ones expressly requested by the User or goods different from the spare parts necessary to carry out the maintenance or the repairs, the right of withdrawal is applied to such services or additional goods
  • the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery
  • the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
  • the contracts entered on the occasion of a public auction
  • the provision of accommodation to serve purposes other than housing, transportation of goods, car rental, food or recreation-related services if the contract provides for a date or a specific implementation period
  • the supply of digital content through a non-material support if the implementation has started with the agreement expressed by the consumer and his acceptance of the fact that in that case he would lose the right of withdrawal.

For further information, please contact the Owner by emailing to  sales@varietydistribution.it.

Optional form to exercise the right of withdrawal

The User can withdraw by using the following form which must be completed in its entirety and sent to the email address  sales@varietydistribution.it before the expiry of the withdrawal period:

With this document I communicate the withdrawal from the sales and supply contract relating to the following digital content __________
Order number:_______

Ordered on: _______
Name and Surname: _______
Address: ______
E-mail associated to the account from which the order has been submitted: ____________________
Date: __________ 

Guarantee of conformity of digital Contents for Consumer Users

The Consumer Users are provided with the guarantee of conformity, as provided for in Articles 135-decies and following of the Consumption Code, for all the digital contents sold through the Application, with the exception of the possible exclusions provided in Article 135-novies of the Consumption Code.

The Owner is responsible for the defects of conformity which might arise within two years from the delivery date. Any possible defect of conformity must be reported by the Consumer User within 26 months from the delivery date or from the last act on the supply. When the sales contract provides that the digital Contents shall be supplied for a given period of time, the obligation to ensure the conformity remain for the entire duration of this period.

Whenever the Consumer User intends to make use of the remedies provided by the guarantee of conformity, the Consumer User shall send a written communication to the email address sales@varietydistribution.it.  The Owner will reply promptly to the communication of the alleged lack of conformity and will inform the Consumer User about the specific procedure to follow. As far as what is not provided for in this clause, it shall be subject to the articles from article 135-octies to article 135-vicies bis of the Consumption Code and the articles of the civil code with respect to formation, validity and effect of contracts, including the consequences of the termination of the contract and the right to claim damages.

Industrial and Intellectual Property Rights

All the contents of the Application, including texts, documents, trademarks, logos, pictures, graphic, their layout and adaptations are protected by copyright and trademark protection legislation. The Application can also contain pictures, documents, logos and trademarks of third parties which have expressly authorized the Owner to publish them in the Application. With the exception of strictly personal use, the Contents may not be copied, altered, distributed, published or used without specific permission of the Owner.

Warranty Exclusions

The Application is provided “as is” and  ”as available” and the Owner  does not provide any explicit or implicit warranty in relation with the Application, it cannnot ensure neither the Application shall meet the Users’ needs nor it shall work without any interruptions or it shall be error-free, virus-free, bug-free.

The Owner shall make any effort to ensure that the Application will be available 24 hours a day without any interruption. However, the Owner shall be never responsible  if, for any reason, the Application is not accessible and/or operating at any time or over any period of time. The access to the Application can be temporarily suspended without any prior notice in case of system failure, maintenance, repairs or for causes beyond the will and control of the Owner, or force majeure events

Limitation of Liability

The Owner shall not be responsible to the User, except in cases of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet beyond the control of the  Owner or its suppliers.

The Owner  shall not be responsible for any damage, loss and cost incurred by the User as a result of non-execution of the contract for reasons not attributable to the Owner, being the User entitled of the only right to be fully refunded of the entire price paid and the possible additional costs incurred.

The Owner shall not take responsibility for any possible illegal and fraudolent use of credit cards and other means of payment by third parties, due to the fact that the Owner never gets access to the payment data used (credit card number, holder’s name, password, etc.)

The Owner  shall not be responsible for:

  • possible loss of business opportunities and any other possible loss, even indirect, incurred by the User which is not a direct result of a violation of the contract by the Owner
  • incorrect or unsuitable use of the Application by the Users or third parties
  • issuance of incorrect tax documents or data due to incorrect data provided by the User, being the latter the only responsible of the correct data entry.

In no case the Owner shall be considered responsible for a total amount higher than twice the cost paid by the User.

Force majeure

The Owner shall not be responsible for the failure or delay to comply with the fulfilment of the obligations for circumstances beyond the reasonable control of the Owner which are due to force majeure events or, in any case, to impredictable and unexpected events not depending on the Owner’s will.

The fulfilment of the obligations by the Owner shall be suspended over the whole period in which the force majeure events will occurr.

The Owner shall undertake any possible action in order to identify solutions which can facilitate the correct fulfilment of its obligations despite the persisting force majeure events.

Links to websites owned or operated by third parties

The Application may include links to websites/applications owned or operated by third parties. The Owner does not exert any control on them and, therefore, shall not be in any case responsible for the contents included in these websites/applications.

Some of these links may be connected to websites/applications of third parties which provide services through the Application. In these cases, the general conditions for the use of the website/application and the service provided by the third parties shall be applied, for which the Owner does not take any responsibility.

Privacy

The protection and treatment of personal data  shall be processed in compliance with the Privacy Policy which can be consulted on  https://shop.varietydistribution.it/privacy-policy

 

Applicable Law and Jurisdiction

The Conditions are governed by Italian Law.

With relation to the Consumer Users, any dispute concerning the application, execution and interpretation of the Conditions shall be submitted to the Court of the place where the Consumer User resides or has address for service, if located in the Italian State, without prejudice to the option for the Consumer user to appeal a judge different from that belonging to the “court of the consumer” ex art. 66 bis of the Consumption Code, with territorial jurisdiction according to one of the criteria referred to in the articles 18, 19 and 20 of the Code of Civil Procedure.

It is without prejudice for the Consumer Users who may not have their habitual residence in Italy the application of more advantageous and mandatory regulations provided by the law of the place where they have their habitual residence, with particular reference to the term for exercising the right of withdrawal, to the term for the return of Contents, in case of exercise of this right, as well as to the procedures of communication of withdrawal and to the legal guarantee of conformity

Online dispute resolution for Consumer Users

The Consumer User resident in Europe must have knowledge of the fact that the European Commission has set up an online platform which provides an alternative instrument of dispute resolution. This tool can be used by the Consumer User to resolve, in a non-judicial way, any dispute related to and/or arising from contracts of sales of goods and services supply contracts concluded online. Consequently, the Consumer User can use this platform for any dispute resolution arising from the contract concluded online. The platform is available on  ec.europa.eu/consumers/odr/