In this Agreement, words beginning with a capital letter carry the meanings described in the previous paragraph and in the paragraphs below or as described elsewhere:
– Buyer means a User of the Site who purchases a Product via a Contract of Sale.
– Community means the whole of the Site’s Registered Users.
– Content means materials of any kind that the User uploads to the Site, such as text, graphics, music, sounds, images, photographs, videos, trademarks, logos, information, personal data and any other materials belonging to the User or third parties.
– Contract of Sale means the sales contract executed between OWNER and a User.
– Personal Information means the personal information of the User or of any third party that the User provides to OWNER while using the Site.
– Woload means the free, not-for-profit mechanism made available by the Site for the virtual exchange of energy.
– Product means the product offered for sale through the Site.
– Profile means the web page of the Site that contains information about a User that the User uploaded to the Site.
– Complaints Service means the service that OWNER implemented to handle complaints, disputes and reports from Users or third parties.
– Site means this website.
– User means any person, company, or public or private entity that accesses, consults or uses the services provided by this Site.
– Seller means OWNER who sells a Product through the Site via a Contract of Sale.
2. Execution of the Contract
The use of this website (hereinafter Site) signifies the execution of a contract (hereinafter Contract) between the user and Laura Chini, Via Farini, no. 5, 50121 Florence, Italy, tax code CHNLRA62C69D612U and Florence Register of Companies registration number 636548, email firstname.lastname@example.org, PEC email@example.com (henceforth OWNER).
The above information is provided in accordance with Art. 48 of the Consumer Code (Legislative Decree of September 6, 2005, no. 206).
The Contract is governed by Italian law and is in Italian, though there are unofficial translations in English. In case of differences between the two versions, the Italian version will prevail.
3. Content of the Contract
OWNER and the Users are independent, acting in full autonomy and independence, and are not bound by any other bond other than that constituted by this Contract.
This Contract shall not establish between them any relationship of collaboration, agency, association, intermediation or employment.
5. Description of services
Through the Site, OWNER:
1) provides Users with a virtual place where people can request and give virtual energy by exchanging free images of their smile;
2) sells its Products.
6. Nature of Obligations
With reference to item 1) of Article 5, the obligations undertaken by OWNER with this Contract and, more generally, with the social contract between the User and OWNER, are intermediary obligations whereby OWNER assumes no obligation for results with respect to the services provided by the Site.
Upon the registration of the Site through the login credentials via Facebook, and when uploading any Content or Information on the Site, whether protected by industrial or intellectual property rights, the USER licences to OWNER all rights relating to such Content or Information and in particular the rights to utilize, reproduce permanently or temporarily as well as totally or partially, translate, adapt, transform, modify, distribute, transcribe, communicate to the public, rent and communicate to individual subjects even if not Users of the Site such Contents or Information; such licence is not exclusive, irrevocable, perpetual, extended to the whole world, unlimited, transferable to third parties ultimately or temporarily, free of charge, transferable or sub-licensable; this licence refers to the entire Content or Information and to any part thereof; the abovementioned rights covered by the licence may be executed by any means and technology, although not currently available, not developed or unknown. The license also includes the Contents and the Information that the User provides or allows to be collected by third party websites (for example Facebook)
8. Relationships between Users
Any contact between Users of the Community is directly between them and not mediated by OWNER, who remains wholly extraneous to the matter. OWNER has no liability whatsoever for incorrect or unauthorized use of Contents obtained by Users.
OWNER may use targeted advertising on the Site based on the preferences and tastes of the Users, in compliance with current regulations regarding the processing of personal information.
11. Registration procedure
If the User registers, OWNER will send to the email address provided by the User a confirmation containing a link to a web page that the User must click to complete the registration. In this case, the Contract will be deemed executed at the conclusion of the procedure (and thus the Contract concluded as a result of the finalizing conduct constituted by browsing the Site will be integrated with any other additional applicable terms and conditions).
12.- Registration procedure via Facebook.
The User, in order to use Woload, will be able to register, in addition to the procedure described in the previous article, also by entering its Facebook profile access credentials.
13. Conditions of registration
To register on the Site, you must be at least 18 years old and complete all mandatory fields on the registration form; minors may register or use the Site only with permission from their parents, who will be responsible for the activities of their minor children and who will undertake to monitor all activities carried out by minors on the Site. In case of registration, minors must use the email address of a parent.
14. Creating a Profile and providing personal information
At the time of registration and at any time thereafter the User shall provide true and accurate personal information related only to himself; he shall not create a Profile on behalf of, or related to, another person; he shall not create more than one Profile; he shall not share with others; and he shall protect the access credentials he chooses and shall not perform any other actions that might jeopardise the security of his profile.
The User also agrees not to allow third parties to use his Profile and acknowledges that should this occur, the User will be responsible for the conduct of those who have used the User Profile.
At any time the User may modify or delete, or request the deletion of, all information, data, materials, and content that directly concern the User by accessing the options “edit” and “delete profile” in the Site settings.
However, if the information, data, and materials were shared with third parties (for example, if the third parties have copied, quoted, printed, or saved them on their computer, etc.), then modification or deletion will not be possible.
Therefore, by uploading information, data, materials, and content on the Site, the User is aware that they may not be modifiable or erasable and that, further, the User grants OWNER the license provided by the previous article 12.
15. Personal information of third parties
The User agrees not to provide personal information to third parties. Should he do so, he must also provide the third parties with the appropriate information required by law, obtain the necessary consent and transmit to OWNER a written copy of the information and consent with a statement, signed by the User, of the assumption of responsibility and declaration of indemnification of OWNER of any negative consequence. OWNER is not responsible in case of improper use of the identity of another User.
16. Prohibition of providing sensitive information
The User must not provide OWNER with sensitive information. Should he do so, OWNER has the right, but not the obligation, to close the Profile and to terminate the contract effective immediately by sending an email to the User.
The User acknowledges, recognises and accepts that the information and data circulated through the Site are readable and are not encrypted.
18. Changes to the Contract
19. Closing a Profile
The User may close his Profile at any time via the “Delete profile” option accessible in the Site settings.
The closing of the Profile by the User or OWNER constitutes the User’s withdrawal from the Contract with the other party and the Contract becomes ineffective, except for the clauses that by their nature are intended to survive the termination of the Contract (such as the clauses regarding the applicable law and jurisdiction). Contracts of Sale in progress at the time the Profile is closed will still be fulfilled.
Once the Profile is deleted, it will no longer be available. The User will lose all data, materials, content, messages and information uploaded to the Profile and will not be entitled to any refund, reimbursement, compensation or indemnity from OWNER.
20. Account Suspension
In compliance with the laws in force, OWNER may suspend all or part of the services covered by the Contract, delete the Content entered by the User, and/or prevent third parties from accessing the Content entered by the User when OWNER has reason to believe that the User engages in conduct contrary to the law or to the Contract or that otherwise violates the rights of others, and when OWNER is required to do so by the Judicial or Administrative Authority with supervisory functions (for example, the Italian Communications Authority AGCOM, the Italian Data Protection Authority, etc.).
21. Termination of the contract
Should the User publish illegal or offensive photos, materials or comments or provide sensitive data or perform an act that jeopardises the system (for example, upload a virus to the system) or more generally engage in acts or conduct contrary to the Contract or the laws in force in Italy or elsewhere, OWNER, in addition to the provisions of Art. 17 and Art. 18, has the right, but not the obligation, to enact a precautionary or permanent suspension of the services provided to the User through the Site, and has the right to terminate the Contract for breach by the User, via simple email communication to the address provided by the User in his Profile.
22. Accessibility and usability of the Site
The User expressly understands, acknowledges and agrees that OWNER does not guarantee the accessibility of the Site and the data transfer rate of information and Content since these are partially dependent on services provided by third parties and on the technologies and infrastructures of third parties, and also because the structure of the Internet itself is not under the control of OWNER.
The User agrees to use hardware and software appropriate for the use of the Site, including operating systems that reduce the possibility of unauthorised access, appropriate daily antivirus updates and properly configured firewalls, and agrees to make periodic backup copies of his personal data, Content and all materials uploaded to the Site.
The User shall bear the costs of connection to the Internet and other costs that the Contract does not place expressly on OWNER.
23. Withdrawal of consumer User
A registered User who is a consumer has the right to withdraw from the contract with OWNER in accordance with Art. 52 of the Consumer Code (Legislative Decree of September 6, 2005 no. 206) and other applicable provisions, if any (for example, as required by the AGCOM Resolution of November 23, 2006, no. 664/06/CONS and subsequent amendments, etc.).
In particular, without prejudice to his right to cancel his Profile, the consumer shall have a period of fourteen days to withdraw from the contract with OWNER without having to give any reason and without incurring any cost. The withdrawal may be exercised using the standard form available at this link or by sending an email to OWNER or by sending to OWNER an explicit statement of the decision to withdraw from the contract.
The IT systems and files of OWNER may be used as evidence, for the benefit of both parties, in disputes between the User and OWNER.
25. Other User obligations
In using the various services offered by OWNER, the User agrees to respect the laws in force in Italy and in the country where he resides or is established or operates even temporarily and, more generally, to demonstrate the utmost respect for the community of Users, for individuals and for third parties who are not Users of the Site.
The User is solely responsible for the Content he uploads to the Site. The User may not upload to the Site any Content for which he does not have the right to upload or that violates mandatory criminal, administrative or fiscal laws or the rights of third parties.
For example, the User may not send or publish materials that are injurious, libellous, defamatory or pornographic; that violate privacy or copyright laws; or that are obscene, abusive, illegal, racist, harmful to minors or discriminatory; and any other material that violates the law or that may offend the sensibilities or harm the rights or interests of other Users, OWNER or third parties.
Any violation of these regulations allows OWNER, in addition to the provisions established in other parts of this Contract or as an amended stipulation of same, to remove at any time and without prior notice any Content deemed inappropriate or that violates the rights of third parties and to close the User’s Profile.
The User will bear the costs of procedures, fees and expenses for communications to the competent Authorities of the activities that the User conducts through OWNER. For example, those relating to the sale of goods or the rendering of services, to the processing of personal information, to the respect for intellectual or industrial property rights, to publishing, to the retention of traffic data and any other element that may be applicable in Italy or in the location where the User operates.
26. Limitation of Liability
The User expressly understands, acknowledges and agrees that the Site and all content and materials present therein are provided to Users “as is” and that the site is made accessible by third-party services (Internet service providers, connectivity providers, hosting providers, etc.). OWNER does not guarantee that the Site and the services provided by the Site will be uninterrupted or error-free, that the site will be reliable, safe, of satisfactory quality or free of viruses or other harmful components, or that the Site will always be accessible. In particular, the User acknowledges that there is no error-free software and that it may happen that the service providers may interrupt same.
Therefore, except in cases of fraud or gross negligence and other cases expressly and exclusively provided by law, OWNER will not be responsible for any damages suffered by the User, even if indirect or unforeseeable, for any loss of data, income, business or profits suffered by the User, for any claims for damages by the User due to the availability or unavailability of third-party websites or of the dependence of the User on advertising, products, services or other content or materials available through third-party websites, for any claim for damages by the User based on products or services provided by third parties through the Site or based on services provided by third parties, for the violation of the rights of third parties, for the unavailability of the Site, for the unavailability of services that OWNER uses to keep the Site online. In all cases, and always to the fullest extent permitted by applicable law, the responsibility of OWNER toward the User shall not exceed the amount paid by the User to OWNER during the last year and in any case until the maximum amount of EUR 100.00 (one hundred).
27. Intellectual Property of OWNER
The trademarks, symbols, logos and other materials on the Site uploaded by OWNER, such as text, graphics, icons, images, photographs, videos, audio files and any other materials, even if not protected by intellectual or industrial property rights, are the property of OWNER, or licensed by same, and are protected by copyright, trademark and other relevant intellectual or industrial property right laws. Such trademarks and content cannot be reproduced, used or represented without the prior written consent of OWNER or by the rightful owner. Some of these trademarks, logos, content, etc. uploaded by OWNER may not be the property of OWNER but of third parties who have granted OWNER the right to use them. In this case, the above-mentioned activities must be authorised by OWNER or the rightful owner.
The User shall indemnify OWNER of any pecuniary and non-pecuniary damages, including those unforeseeable, arising from the violation of industrial and intellectual property rights or other rights attached to such materials and shall indemnify and hold harmless OWNER from the negative consequences, including legal and technical fees, arising from the violation of these rights by the User or by third parties as a result of User conduct.
28. Intellectual property of the User and third parties: User responsibilities
The User may not upload Content such as text, graphics, icons, images, photographs, videos, audio files and any other materials, even if not protected by intellectual or industrial property rights, and any other materials for which the User does not have the right to upload under Italian law and the law of the location in which the User resides or is established or operates even temporarily or as a result of a contract or the rights of third parties.
As a non-exhaustive example, the User may upload Content that he created without copying Content protected by the intellectual property rights of third parties; User may upload unoriginal Content for which he has obtained prior written authorization by the owner; User may upload Content consisting of a collective work for which he has obtained the authorization from all holders of copyright and other related rights; User may upload Content in the public domain, but may not upload Content that has been copied in whole or in part from a third party without the authorization of same; User may not upload Content for which he has not first obtained all necessary permissions; and User may not upload Content that is protected by confidentiality agreements.
The User may modify or cancel at any time the Content uploaded to the Site, unless such Content has been shared with third parties (for example, if the third parties have copied, quoted, printed, or saved the content on their computer, etc.). In such case, the User expressly understands, acknowledges and accepts that the modification or cancellation will not be possible and will not be complete. Therefore, by uploading Content on the Site, the User is aware that such Content may not be modifiable or erasable and that, in any case, the User grants OWNER free and irrevocable license provided for in the next paragraph.
Notwithstanding the foregoing, by uploading any Content on the Site, whether protected or not by intellectual or industrial property rights, the User grants OWNER by license the right to said Content and all its parts, which shall be non-exclusive, irrevocable, perpetual, globally extended, unlimited, definitively or temporarily transferable to third parties, in whole or in part, and to freely use, copy, modify, alter, improve, distribute, communicate to the public, broadcast, publish, remove, retain , add, process, analyse, use and commercialise said Content in any way, form or means available today or that will be available in the future.
Without prejudice to, and in addition to other remedies provided for in other parts of this contract, the User shall indemnify OWNER of any pecuniary and non-pecuniary damages, including those unforeseeable, arising from the breach of the obligations contained in this article and shall indemnify and hold harmless OWNER from any negative consequences, including legal and technical fees, resulting from breach of these obligations by the User or by third parties as a result of User conduct.
29. Third-Party Sites
The Site may contain hyperlinks to third party websites from which Users may purchase products and services.
The use of third-party websites is subject to the terms and conditions of use stated on the specific website in question. OWNER is not responsible for the purchase of products or services provided by third-party websites, nor does OWNER control the content of third-party websites. Any claims for compensation relating to products or services provided by third-party sites, or relating to any type of damage suffered by the User based on the use of a third-party website, should be addressed to the specific website in question.
30. Rules for the sale of Products
When the Seller (in this article also referred to as “professional”) offers a Product for sale, the Product is displayed in the sections of the Site dedicated to sales and indicates:
a) the main features of the Product, to an extent appropriate for the goods or services;
b) the identity of the seller (which coincides with the one of OWNER);
c) the geographic address at which the seller is established and his telephone number, fax number and email address, where available, to allow the consumer User to quickly contact the seller and efficiently communicate with him and, if applicable, the geographical address and identity of the seller on whose behalf he is acting;
d) if different from the address provided in accordance with letter c), the geographical address of the place of business where the consumer may address any complaints and, if applicable, that of the seller on whose behalf he is acting;
e) the total price of the goods or services inclusive of taxes or, where the nature of the goods or services makes it impossible to reasonably calculate the price in advance, the manner in which the price will be calculated and, where appropriate, all additional freight, delivery or postal expenses and any other cost or, where these charges cannot reasonably be calculated in advance, the indication that such additional charges may be payable by the consumer;
f) the cost of distance communication for the execution of the contract where that cost is calculated on a basis other than the basic rate;
g) the method of payment, delivery and execution, the date by which the seller agrees to deliver the goods or provide the services and, where appropriate, how the seller processes claims;
h) in case of the existence of a right to withdraw, the conditions, terms and procedures for exercising that right in accordance with Art. 54, paragraph 1 of the Consumer Code as well as the withdrawal form template in Annex I, Part B of the Consumer Code;
i) if applicable, information that the consumer must bear the cost of returning goods in case of withdrawal and in case of distance contracts in which the nature of the goods is such that they cannot be normally returned by post;
l) that, if the consumer exercises his right of withdrawal after having made a request under Art. 50, paragraph 3 of the Consumer Code or Art. 51, paragraph 8 of the Consumer Code, he is liable for the payment to the seller of reasonable costs in accordance with Art. 57, paragraph 3 of the Consumer Code;
m) if there is no right of withdrawal in accordance with Art. 59 of the Consumer Code, the information that the consumer will not benefit from a right of withdrawal or, where applicable, the circumstances under which the consumer loses his right to withdrawal;
n) a reminder of the existence of the legal guarantee of conformity for goods;
o) if applicable, the existence and the conditions of after-sale customer assistance, after-sales services and commercial guarantees;
p) the existence of relevant codes of conduct, as defined in Art. 18, paragraph 1, letter f) of the Consumer Code, and how a copy can be obtained, if necessary;
q) the duration of the contract, if applicable, or, if the contract is open-ended or is to be automatically extended, the conditions for withdrawing from the contract;
r) if applicable, the minimum duration of the consumer’s obligations under the contract;
s) if applicable, the possibility of using an extra-judiciary mechanism for complaint and recourse that the seller is subject to, and the conditions for having access to it.
This information must be provided in a clear and understandable way noticing in particular the principles of good faith and loyalty in commercial transactions.
The Contract of Sale is concluded when the User completes the purchase process on the Site and the payment is successful.
When the Contract of Sale is concluded, the User will receive an email with the Seller’s information and other information as provided by law.
The Contract of Sale will be governed by Italian law. If the Buyer is a consumer and a resident in a member state of the European Union, the rules of the Italian Consumer Code would also apply.
If the Buyer is not a consumer or is a consumer but is not a resident in a member state of the European Union, the rules of the Italian Consumer Code would not apply.
In any case, the price is determined only on the basis of the agreement between the parties, and the parties waive determination of payment in ways other than conventional determination.
The Seller may withdraw the offer of sale at any time before the conclusion of the Contract of Sale.
The display of the product on the Site with the information required by this Art. 30 shall constitute an offer to sell (except for customised Products, in which case the proposed sale consists of the communication that the material provided by the User is suitable for the customization of the Product).
The Contract of Sale is always considered concluded in Italy if one of the parties to the Contract of Sale is Italian, regardless of where the parties of the Contract of Sale reside or are established when they carry out negotiations.
31. Custom Products
The Seller may offer product personalization services.
In this case the Seller displays the Product in the designated areas of the Site and includes information about the customization and the projected start date for Product production. The User who wishes to customise the product provides the Seller with the necessary materials in the required format (for example, a file containing a photograph). The uploading of such materials is subject to the rules contained in Art. 28, and with such uploading the User further gives the Seller and OWNER additional license for the use of said materials for the purpose of product customization. The Seller reserves the right to accept the request of the User after having examined the materials provided by the User and assessing their appropriateness for customizing the Product. The User acknowledges that custom Products are not perfect (for example, due to the cutting of the fabric or the stitching) and that the law does not grant the right of withdrawal to such products.
For matters not expressly provided for in this Art. 31, the rules established in Art. 30 will be valid.
32. Legal guarantee
If the Buyer is a consumer, the Seller will provide the legal guarantee provided for by the Italian Consumer Code (Legislative Decree no. 206/2005).
33. Right to withdraw from the Contract of Sale
The Buyer to whom the Italian Consumer Code applies has the right to withdraw from the Contract of Sale as provided by the Italian Consumer Code (Legislative Decree no. 206/2005), as amended by Legislative Decree no. 21 of February 21, 2014 and therefore the subsequent regulations.
The Buyer shall have a period of fourteen days to withdraw from the Contract of Sale without needing to give any reason and without incurring any costs other than those referred to in Art. 56, paragraph 2, of the Consumer Code and in Art. 57 of the Consumer Code.
Without prejudice to Art. 53 of the Consumer Code, the withdrawal period expires after fourteen days from the date on which the Buyer, or a third party other than the carrier and designated by the Buyer, acquires physical possession of the goods, or in the case of multiple goods ordered by the Buyer under one order and delivered separately, the date on which the Buyer or a third party other than the carrier and designated by the Buyer, acquires physical possession of the last good.
34. Exercise of the right of withdrawal from the Contract of Sale
Before the expiry of the withdrawal period, the Buyer for whom the Italian Consumer Code applies must inform the Seller of the decision to exercise the right of withdrawal from the contract. To this end, the Buyer may use the withdrawal form template available at <a href=”/returns/” target=”_blank”>this link</a>; or the Buyer may submit any explicit statement of his decision to withdraw from the contract.
The Buyer has exercised his right of withdrawal within the withdrawal period pursuant to Art. 52, paragraph 2, of the Consumer Code and Art. 53 of the Consumer Code if the notice concerning the exercise of the right of withdrawal is sent by the Buyer prior to the expiry of the withdrawal period.
35. Effects of withdrawal from the Contract of Sale in case of application of the Italian Consumer Code
The exercise of the right of withdrawal shall terminate the obligations of the parties.
The Seller undertakes to comply with the regulations for withdrawal; therefore they undertake to reimburse all payments received by the Consumer including the shipping expenses, without undue delay and within 14 days from the day they were informed of the Buyer’s decision to withdraw from the Contract of Sale, pursuant to Art. 54 of the Consumer Code. Such reimbursement must be made by the same means of payment used by the Buyer for the initial transaction, unless the buyer has expressly agreed otherwise and unless the Buyer does not incur any fees.
If the Buyer expressly opted for a shipment method other than the least expensive method, Sellers are not required to reimburse the additional costs.
Buyers are required, pursuant to Art. 57 of the Consumer Code, to return the goods or to deliver them to the Seller or a third party authorised by same to receive the goods without undue delay and within 14 days from the date on which they gave the Seller notice of their intention to withdraw, pursuant to Art. 54 of the Consumer Code. Buyers shall bear the costs of returning goods to Sellers and are also responsible for the diminished value of the goods resulting from the handling of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. The Buyer is not responsible for the diminished value of the goods if the Seller failed to inform the Buyer of his right of withdrawal under Art. 49, paragraph 1, letter h) of the Consumer Code.
The right of withdrawal is excluded, however, in the case of goods made to order or clearly personalised.
36. Other obligations of the Seller
In addition to the obligations provided for in this Contract, the Seller shall not:
a) offer prohibited products or services. Prohibited products or services are those that are not allowed to be offered or sold under Italian law, under the laws of the Seller’s place of residence, place of business or establishment, under the laws of the Consumer’s place of residence, place of business or establishment and under any other laws applicable to the Contract of Sale.
b) violate the laws, regulations, administrative measures and judicial measures that are in effect in Italy or in the place where the Seller or the Buyer resides or is domiciled or established. Among violations of the law, particular importance is placed on those relating to intellectual and industrial property, those relating to misleading advertising, those relating to privacy, those relating to product safety, and those relating to tax matters;
c) violate the obligations of a contract to which the Seller is a party (for example, if the Seller has contractually agreed to not sell a good, etc.);
d) violate the obligations of the Contract and of the Contract of Sale;
e) disseminate misleading information about Products through the Site or through other communication channels;
Registered Users will be able to exchange Free Smile Batteries on the basis of the following rules. The User, while using Woload, after registration or access through Facebook, will have to upload its own image, accompanied by the indication of its current mood, on the OWNER’S site that will be shared and sent, together with additional information (name) to other Users. In addition, prior to specific consent of the USER, the uploaded image may be published on its Facebook profile. The exchange of images through Woload does not have commercial value and does not confer any rights towards OWNER, towards Users or towards third parties.
For any claim, complaint or dispute, the User must send a notice to OWNER at the addresses indicated in Art. 2.
Any tolerance or non-exercise of any right by OWNER in regards to a User does not constitute a waiver of that right, which may be exercised by OWNER at any time.
OWNER may validly communicate with the User by sending an uncertified email to the address provided at the time of registration or later modified.
The User agrees to immediately notify OWNER of any change to his email address.
Communications from OWNER are understood to be legally received by the User within twenty-four hours after being sent.
41. Applicable law
This contract and any relationship between the User and OWNER and between Users are governed by Italian law. However, notwithstanding the above, the regulations of the Italian Consumer Code and, in particular, the regulations regarding the right of withdrawal from distance contracts, shall not apply to contractual relationships between the Seller and Buyers who are not consumers or who are consumers but are not residents of a member state of the European Union.
For all disputes arising from the Contract or related to same, and which may arise between the parties, the parties agree to appeal to the mediation process managed by OCF – Organismo di Conciliazione di Firenze (Mediation Bureau of Florence), registered as no. 37 in the Register of Mediation Bureaus held by the Ministry of Justice. The proceedings will apply the mediation regulations and fees adopted by OCF, of which the parties are aware. The proceedings will be initiated by either party by application to the Secretary of OCF in the manner prescribed by the Regulations.
Notwithstanding the foregoing, if the mandatory laws provide the possibility for the User who is a consumer to initiate a different proceeding (for example, mediation provided for in the AGCOM Resolution of 19 April 2007 no. 173/07/CONS), such law will pre-empt the OCF mediation procedure.
43. Jurisdiction and competence
Any dispute between the User who is not a consumer, or who is a consumer but is not a resident of or domiciled in the European Union, and OWNER regarding this Contract, registration, and the use of the Site will be subject to the exclusive jurisdiction of the Italian Legal Authorities with exclusive competence in the Court of Florence. The parties expressly and unconditionally agree to exclude any jurisdiction other than the Italian jurisdiction and any court other than the Court of Florence.
Any dispute between the User who is a consumer and who is a resident of or domiciled in the European Union, and OWNER regarding this Contract, registration, and the use of the Site will be subject to the exclusive jurisdiction of the Italian Legal Authorities with competence of the Justice in the consumer’s place of residence or domicile.
The parties expressly and unconditionally agree to exclude any jurisdiction other than the Italian jurisdiction.
44. Final clause in favour of the consumer
For Users who are consumers residing in a member state of the European Union, every provision of this Contract applies to the fullest extent and with the maximum reach provided for by the Consumer Code.