These General Terms and Conditions govern the Services provided through the site www.fiammenghi.net, owned by the company Fiammenghi-Fiammenghi s.r.l., registered office in Via delle Quattro Fontane no. 31, VAT no. 00874131006, in compliance with Italian legislation, in particular legislative decree 206/2005, as amended (hereinafter “Consumer Code”). Any communication or request for information can be sent in writing to the address: Fiammenghi-Fiammenghi s.r.l., registered office in Via delle Quattro Fontane no. 31 00184 Rome, or by email: firstname.lastname@example.org.
The main definitions used in these Terms are given the following meanings:
User: is the user of the site and of the services provided through it;
Site Owner: the company Fiammenghi-Fiammenghi s.r.l., registered office in Via delle Quattro Fontane n.31, VAT no. 00874131006;
Services: services relating to the management of industrial and intellectual property rights, including the registration of trademarks and all related activities.
Content: all the information owned by the User uploaded to the Site and/or provided by the User to the Site Owner.
All Services provided through the Site are governed by these General Terms, in the version that will be published on the Site at the time the order is sent by the Buyer.
The terms and conditions may be modified by the Site Owner without prior notice. These changes will be effective from the date they are published on the Site. The User is required to check the general terms and conditions, to see whether any changes have been made since the previous consultation, when using the Site and making purchases.
The contract for use of the Services provided by the Site www.fiammenghi.net is deemed to be entered into upon accepting these general terms and conditions and vexatious clauses when clicking on the ad hoc icons.
Art. 1 – Purpose of contract
This contract refers to Services for the management of the User’s industrial and intellectual property rights, including in particular the registration of trademarks and prior art searches.
Service characteristics are indicated in the online catalogue, and are visible when choosing and compiling the order.
The Services described may undergo periodic changes or updates without prior notice in order to improve the service for the User.
Art. 2 – Compiling the Form
The User will compile the service request form on the Site, entering the requested Content. The Site Owner will authorize the transaction after the form has been formally checked and the present Terms have been accepted.
The User is solely and directly responsible for the uploading of Content. The User is obliged to preserve and protect the communications and receipts relating to his/her request for registration of the trademark or prior art search, taking the utmost care to keep them safe and confidential, and is directly liable for any damage caused, either directly or by a third party, to the Site Owner or to a third party following disclosure, loss, theft or unlawful use thereof.
Art. 3 Selection and purchase procedure
The Services presented on the Site may be used by selecting and placing them in the virtual shopping cart. Once selected, the User will be invited to provide his/her data in order to complete the order for the Services entered in the cart.
The User will see a summary of the order, and may modify the contents. After reading carefully, the User must expressly approve these Terms and Conditions and vexatious clauses, ticking the appropriate box on the Site. The User will then be prompted to confirm his/her order by clicking on the “Buy” button.
The User will also be asked to choose the payment method from those available, and will be required to communicate the relevant data through a secure connection. For data relating to credit card payments, the Site uses the services of banks that adopt technological systems to guarantee the highest levels of reliability, safety, security, and confidentiality in the transmission of information via the web, therefore Fiammenghi – Fiammenghi Srl shall not be held liable in the event of data breaches and acquisition on the part of unauthorized parties. Each User declares he/she has the full right to use credit cards or other payment instruments that can be used on fiammenghi.net, and has sufficient credit to cover all costs relating to orders for Services provided through fiammenghi.net.
For accounting and administrative needs, the Site Owner reserves the right to check the personal details given by the Buyer.
Once he/she has submitted the order, the User will receive an email from the Site confirming reception of the purchase order and containing information relating to the main features of the Services purchased, details relating to price, applicable taxes and payment method, and containing a reference to the General Terms and to information about the right of withdrawal, and to the terms for exercising this right displayed on the website.
The inclusion and presentation of Services on the Website constitutes an invitation to submit contents. The orders submitted by the User are to be understood as a purchase proposal addressed to Fiammenghi-Fiammenghi Srl. The contract will be deemed to be finalized only with the Site Owner’s transmission of an e-mail accepting the proposal, giving a summary of the price and terms of sale.
By clicking on the “Place order” button during the order process, the User declares he/she accepts fully and unreservedly all these General Terms. Fiammenghi reserves the right to turn down an order from any buyer with whom there is an ongoing dispute or that is found to have a conflict of interest.
The data recorded by fiammenghi.net constitute proof of transactions carried out on the Site.
Art. 4 Prices and rates
Purchases are paid by bank transfer, PayPal, credit card or prepaid card. The cards accepted are all those belonging to the Visa, Visa Electron and MasterCard circuits, including PostePay and PostePay Gift cards.
The prices of Services provided, taxes and any additional costs for sending original documents are indicated in detail when the order is drawn up before it is confirmed. The Site Owner reserves the right to alter its prices at any time, but the Services will be billed based on the rates in place when the order is saved.
Services will not be provided until the amount due is paid in full.
The purchase price will be charged to the buyer’s bank account within 4 days of the order’s confirmation, and will be effective after confirmed authorization from the banking service.
Should the virtual POS (point of sale terminal on the Internet) communicate that the card has been rejected, the order will be automatically cancelled, and the buyer will be informed of this cancellation online.
Art. 5 Right of withdrawal
For Users defined as Consumers, the right of withdrawal is governed by art. 59 of the Consumer Code. This right does not extent “to service contracts after the complete provision of the service, if performance began with the express agreement of the consumer and his/her agreement to waive the right of withdrawal following full execution of the contract by the professional”.
If the deposit procedure has been completed, and the User has sent the withdrawal notice, he/she will be charged the sum of €58.00 relating to the costs of withdrawing the trademark and the revenue stamps.
The Site Owner is required to refund the amount paid (subtracting the sum of €58.00), within thirty days of the date on which it becomes aware that the right of withdrawal has been exercised.
Art. 6 – Liability of the User
The User assumes all liability for any damage caused to him/herself or to third parties arising from the ordering of Services relating to the protection of industrial or intellectual property.
The User shall make sure that the data given are true, complete and up-to-date, and shall promptly communicate any changes. Should false statements be made, Fiammenghi-Fiammenghi srl reserves the right to exclude those making untruthful statements from its User lists.
The User also undertakes to respect: third party rights, personality rights, industrial and intellectual property rights, such as copyrights, licenses, patent and trademark rights; and not to transmit files, hyperlinks or services designed to breach copyrights and/or intellectual property rights.
The User hereby agrees to indemnify and hold harmless the Fiammenghi-Fiammenghi Srl, substantively and legally, from any injury, loss, claim, damage, liability, cost, charge or expense (including legal costs) arising from any claim and/or complaint and/or action (seeking compensation and/or indemnity) that has been and/or may be filed against the Site Owner at any legal level, by third parties, concerning the provision of the Services ordered through the Site.
The User hereby declares he/she is aware and acknowledges that Fiammenghi-Fiammenghi Srl is unable to check the correctness of the requested Content or have any control over the unlawful or harmful use of said Content, and hereby releases it from any and all liability.
The User may not in any case use the Site for illegal purposes and/or to cause damage to or harass third parties. In such cases, the Site Owner is entitled, at its discretion, to immediately interrupt the Service, with nothing further being due, and without losing the right to seek compensation for any damage suffered.
The User is required to take all the security measures needed to safeguard the data transmitted to the Site in the event of data loss and/or deterioration for whatever reason.
The User undertakes to refrain from using obscene, blasphemous, inappropriate, vulgar, defamatory, offensive language or images contrary to public decency, public morality and public order or that, in any case, promote or induce unlawful activities.
Art. 7 – Limitations of liability of the Site Owner
– takes no responsibility for any damage resulting from the use, or misuse, of the Service provided through the Site or for errors or omissions within the Site, whose contents may contain inaccuracies or typos;
– reserves the right to update the Site, continuously and at any time, and does not guarantee that the Services offered through the Site will be provided on an uninterrupted basis, and declines all liability towards the User, or any third party, for direct or indirect damage (including, but not limited to, loss of profits, revenues and business opportunities) arising from or in connection with a product or service provided through the Site, or from the use or inability to use the same product;
– takes no responsibility for problems attributable to fortuitous or force majeure events such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that might prevent the contract’s execution, in whole or in part, within the time frames agreed upon;
– shall not be held liable for damage, losses and costs incurred as a result of failure to execute the contract due to the causes mentioned above, and in such cases the User may only be entitled to a refund of the price paid. Without prejudice to cases of willful misconduct or gross negligence, the right to seek compensation from the Site Owner may not exceed the price of the Services ordered by the User, in relation to which the dispute arose.
Art. 8 – Intellectual property rights
Fiammenghi-Fiammenghi Srl is the Site Owner, and possesses all intellectual property rights and any rights regarding the Site as well as all updates, modifications and anything else forming part of the Site and/or in any case related to the Site and/or use of the Site.
The Site is protected by copyright and intellectual property laws and regulations, as well as by EU regulations and international treaties on the subject where applicable.
The User may not in any way or in any form use the Fiammenghi-Fiammenghi trademark, unless expressly authorized to do so in writing.
Art. 9 Applicable law – ODR – Jurisdiction
These general service terms are governed by Italian law.
In accordance with and for the purposes of art. 14 of EU Regulation No. 524/2013, the Online Dispute Resolution (ODR) procedure, as provided for by the European Commission, and accessible at the following link: https://webgate.ec.europa.eu/odr/, may be followed to settle any disputes relating to this contract and to the online Services offered by this Site. For any and all complaints Fiammenghi-Fiammenghi Srl may be contacted at the following certified email address: email@example.com
Without prejudice to the application of the Consumer Code, any disputes that may arise from the execution or interpretation of this contract come under the jurisdiction of the Court of Rome.
Rome, 26 April 2021
POINT & CLICK
In accordance with and for the purposes of art. 1341 of the Italian Civil Code and Art. 33 of Leg. Dec. 206/2005, the Consumer hereby declares he/she has specifically read, accepted and approved the provisions referred to in the following points: purchase selection procedures (limitation of liability in the event of data breach and acquisition by unauthorized parties); Withdrawal (legal limitations); User liability; Limitation of liability of Site Owner; Applicable law and jurisdiction
POINT & CLICK