Terms and Conditions of tambu.pro
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, will have the meaning indicated below:
The User who uses the Services provided by Tambu.pro (termed “Tambu.pro” o “Sito”) declares to have read and accepted these Terms and Conditions (termed “Condizioni”) that are those currently in force and are subject to change without notice at the sole discretion of Tambu.pro srl, which assumes no responsibility for the suspension of certain Services by any cause also referable to Tambu.pro srl itself.
These Conditions must be examined and saved by the User, before the completion of the purchase of one or more services. The submission of the confirmation of purchase order of the Service, therefore, implies total knowledfe of this and thier complete acceptance. The User is therefore requested to save or print these contractual clauses.
The following are terms and conditions under which Tambù SRL offers users access to its services available on the tambu.pro website.
1. Stipulation, conclusion and effectiveness of the Conditions
The contract for the purchase of the Products is concluded by correctly completing and sending the order form. This form contains the details of the ordering party and the order, the price of the purchased product, any additional charges, the method and terms of payment, the times for the product's performance, the address where the product will be delivered, delivery times and the existence of the right of withdrawal as well as consent to the processing of personal data.
When the Owner receives the order from the User, he sends a confirmation e-mail or a printable confirmation web page and order summary, in which the data referred to in the previous point will also be reported.
The conditions are not considered effective between the parties at fault as indicated in the previous point.
The Owner may modify or simply update, in whole or in part, these Conditions.The User acknowledges and agrees that any changes to these Conditions will apply to orders sent by Users after the date of notification of modification of the Conditions. The User is therefore invited to view the Conditions everytime they access the Application and it is advisable to print a copy for future reference.
It is understood that in no case will the Data Controller be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for whatever reason, of the access credentials of the Users.
3. Account cancellation and closure
Registered Users can stop using the Products at any time and deactivate their accounts or request deletion through the Application interface if possible, or by sending a written notice to the e-mail address email@example.com.
The Owner, in the event of a breach by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or terminate the User's account at any time and without notice.
4. Purchases on the Application
The purchase of one or more Products through the Application is allowed both to Users who are Consumers and to Users who do not have this quality.
According to the art. 3, I paragraph, lett. to. a) of the D. lgs. 206/2005 (“Consumer Code”) si ricorda che rivestono la qualità di Consumatori le persone fisiche che, in relazione all’acquisto dei Prodotti, agiscono per scopi estranei all’attività imprenditoriale, commerciale, professionale o artigianale eventualmente svolta.
To physical persons, purchasing is only permitted on the condition that they are 18 years or older.
The Owner endeavors to describe and present the Products sold on the Application in the best possible way. Nevertheless, some errors, inaccuracies or small differences may be found between the Application and the actual Product. Ifurthermore, any photographs of the Products on the Application do not constitute a contractual element, as they are only representative.
The User expressly assigns the right to the Owner to accept and complete only part of the order (for example in the case in which there is not the availability of all the ordered Products). In this case the contract will be deemed finalised in relation to the Products actually sold.
The Owner reserves the right to refuse an order:
- when the Product is not available;
- when the authorisation to charge the cost of the Product to the User is denied;
- when at the time of purchase an obviously incorrect price is given it is recognizable as such. IIn this case, the User will be contacted by Customer Services to be informed and will receive a refund for the transaction made.
5. Prices and Payments
The Owner reserves the right to change the price of the Products at any time. It is understood that any changes will not in any case affect the contracts already concluded before the change.
Product sales prices do not include VAT; any other tax payable by the User will be indicated before confirmation of the purchase.
The User agrees to pay the price of the Product purchased within the times and methods indicated in the Application and to communicate all the data necessary to enable the correct supply of the Products.
Any refund to the User will be promptly credited by one of the methods proposed by the Owner and chosen by the User and, in the case of the exercise of the right of withdrawal, at the latest within 30 days from the date on which the Owner became aware of the withdrawal.
The Application uses third-party tools for processing payments and does not enter in any way into contact with the payment data provided (credit card numbers, card holder names, passwords, etc.).
Should these third party tools deny payment authorization, the Owner will not be able to provide the Products and will not be liable for any delay or failed delivery.
Billing data will be requested from any user who wishes to receive an invoice. In order to issue the invoice, the information provided by the user, which the user declares to be true, releasing the Owner of any wider indemnity in this regard.
7. Delivery method of product materials
Product or material refers to any movable or digital asset provided on a material support offered through the Application.
The ordered product materials will be delivered to the User at the address specified, by the user's chosen method or that is indicated in the application at the time of purchase. Delivery will take place within the time specified in the order confirmation.
Upon receipt, the user is required to verify that the the product delivered is consistent with the product ordered; only after such verification shall they proceed by signing the delivery documents, without prejudice to the right of withdrawal.
If an order exceeds the quanitity of stock present in the warehouse, the Owner, via e-mail, will let the user know if the product is no longer available, or what the waiting times will be to receive it, checking whether or not they would like to go ahead and confirm the order.
The owner does not assume any responsibility for the delay or failure to deliver the product due to reasons out of their control such as accidents, explosions, fires, strikes, and / or lockouts, earthquakes, floods and other similar events that prevented it, or partially prevented it, from being delivered witihin the agreed time.
The owner will not be liable to any party or third parties for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, with the user only having the right to reimbursement of the price eventually paid.
8. Method of execution of digital products and/or services
Digital Product refers to any product in digital format not supplied on a physical medium.
Service refers to a commitment to perform a certain task for and/or on behalf of the User.
The Owner will provide the Products (digital products and/or services) to the User, in the manner and within the period chosen by them or indicated on the Application or in the order confirmation.In the event that the Owner is unable to supply the Product within the period provided, the User will be given timely notice by email, with an indication of when they can expect to be able to provide the Product or start the service or the reasons that make the service itself impossible.
If the User does not intend to accept the new term or if the service has become impossible, they may request a refund, which will be credited promptly using one of the methods proposed by the Owner and chosen by the User, in the case of the exercise of the right of withdrawal, within 30 days at the latest from the date on which the Owner became aware of the withdrawal.
Fatto salvo quanto specificamente previsto a carico del Titolare nei precedenti punti, da intendersi qui
espressamente richiamati, lo stesso si impegna a fornire il Prodotto con la massima diligenza, buona fede
The Application offers subscription Products. In this case, payments begin on the date specified at the time of subscription.
Subscriptions are renewed automatically every four months. The renewed subscription will be extended for a period of time equal to the original period. Users can deactivate automatic renewal at any time through the Application interface, if possible, or by contacting the Owner directly at the email address firstname.lastname@example.org.
10. Right of withdrawal of material Products
The user who acts as a consumer and who for any reason is not satisfied with their purchase of material Products has the right to withdraw from the stipulated contract, without penalty and without specifying the reason, within 14 days from the date that the product was delivered.
It is understood that the right of withdrawal referred to in the previous paragraph is excluded in the following cases: the provision of made-to-measure or clearly personalised Products;
In order to withdraw from the contract, the User must contact the Owner at the e-mail address email@example.com.
The User will be informed of the procedures concerning the return of the Product. Contacting the owner can validly be replaced by returning the purchased Product, provided it is in the same terms. The date of delivery to the post office or shipping agent will be binding.
In the case of withdrawal, the Owner will reimburse the payments received from the User as well as the delivery costs without undue delay and, in any case, no later than 30 days from the day in which the User has informed the Owner that they wish to withdraw from the contract.
The Owner will reimburse the User using the same payment methods that the User used to make the online purchase.
The User must return the Products at his own expense, unless the Supplier agrees to accept responsibility, without undue delay and in any case within the period of 14 days from the date on which the decision to withdraw is communicated to the Owner.
The User is responsible for the integrity of the product and for keeping it in the same condition as when they received it and must take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible condition, including the original undamaged packaging, instruction manuals, accessories, any separate items and any other component. IThe Product must not have been subject to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product. The Owner will not consider requests for returns in the event that the returned Product is malfunctioning due to improper use, negligence, asthetic or superfical breakage or physical alterations, tampering or improper maintenance or wear and tear
11.Right of withdrawal of digital Products and/or services
The User who for any reason is not satisfied with their purchase of digital Products (not supplied in a materal form) or services can withdraw from the contract within the term of 14 days starting from the day of contract completion, by stating and sending this in writing to the e-mail address firstname.lastname@example.org including the identification details necessary to identify the purchase.
The User acknowledges and agrees to lose the right of withdrawal relatively:
to services after the service has been provided in full, if the execution of services started with the consumer's express agreement and with the acceptance of the loss of the right of withdrawal following the full execution of the contract;
to digital Products, if the execution started with the consumer's express agreement and with his acceptance of the fact that in this case he would have lost the right of withdrawal.
If the User decides to withdraw within the above deadline, the Owner will reimburse all payments received from the User without undue delay and no later than 30 days from the day on which the User has informed the Owner that they wish to withdraw from the contract.
The Owner will reimburse the price of the Product using the same payment methods used by the User.
12. Right of withdrawal of Subscription Services
If the User has purchased a Service or subscription that is not suitable and/or does no conform to their needs, they must state and send this in writing to the e-mail address email@example.com or on the Website chat, including the identification details necessary to identify the purchase.
The Owner will do everything in his power to find the most suitable solution for the User's needs. If this is not possible, the User must communicate this, using the same e-mail address firstname.lastname@example.org or on the Website chat, the will to withdraw from the contract.
The User acknowledges and agrees to lose the right of withdrawal in relation to:
- Consultancy services, within 48 hours of acceptance of the quote provided that the advice has not already been given or after the complete provision of the consultancy;
- Products, within 14 days of purchase;
- subscriptions, within 1 month of purchase.
If the User decides to withdraw within the above terms, the Holder will reimburse - using the same payment methods used by the User - all payments received by the User without undue delay and, in any case, within 30 days from the day in which the User has informed the Owner that they wish to withdraw from the contract.
13. Optional form to exercise the right of withdrawal
Optionally, the User can withdraw by using the following form, which must be completed in its entirety and sent to the e-mail address email@example.com, pbefore the withdrawal period expires:
With this form I communicate the withdrawal from the sales contract relating to the following goods/services: __________
Order number: _______
Ordered the: _______
Name and Surname: _______
E-mail associated with the account from which the order was madee: ____________________
14. Guarantee of conformity
All Products that fall into the category of "consumer goods", as governed by art. 128, 2nd paragraph of the Consumer Code, sold through the Application are covered by the legal guarantee of conformity provided for in Articles 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for Consumers. Therefore, it only applies to Users who have made the purchase through the Application for purposes unrelated to any business, commercial, craft or professional activity carried out.
Those who have purchased through the Application and who do not qualify as Consumers will be covered by the guarantees for defects of the item sold, the guarantee for defects of promised and essential qualities and the other guarantees provided by the civil code with the relative terms, forfeitures and limitations (articles 1490 and subsequent ones of the civil code).
The lack of conformity that occurs within 24 months from the date of purchase of the Product must be reported within 2 months following the date of discovery of the defect.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After six months, the User must provide proof that the damage was not caused by incorrect or improper use of the Product.
According to the art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to conformity restoration of the Product, without charge. To this end, the User can normally choose between repairing the Product or replacing it. This right of choice cannot be exercised if the requested solution is objectively impossible or excessively expensive.Furthermore, the User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs:
- repair and replacement are impossible or excessively expensive;
- the Owner has not repaired or replaced within a reasonable period;
- replacement or repair has caused considerable inconvenience to the consumer.
If the User intends to implement a solution provided by the legal guarantee accompanying the Products, he must contact the Owner using the e-mail address firstname.lastname@example.org. The Owner will promptly reply to the notification of the alleged lack of conformity and will indicate to the User the specific procedure to be followed, as well as taking into account the commodity category to which the Product belongs and/or the defect reported.
15. Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or relating to the Application and/or the materials and content available on the Application.
These Conditions do not grant the User any license for use relating to the Application and/or individual Contents and/or materials available therein, unless otherwise regulated.
All trademarks, figurative or nominative and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos that appear in the Application are and remain the property of the Owner or its licensees and are protected by the laws in force on the trademarks and by the relative international treaties.
Any reproductions in any form of the explanatory texts and the contents of the Application, if not authorized, will be considered violations of the intellectual and industrial property right of the Owner.
16. Exclusion of the guarantee, responsibility and duties of the User
The Application is provided "as is" and "as is available" and the Owner provides no explicit or implicit guarantee in relation to the Products generated through the progressive guided compilation, nor does it provide any guarantee that the Application can meet the needs of the Users or that it never has interruptions or is free of errors, viruses or bugs.
The generation of Products with progressive guided compilation offered by the Application merely consists of making technological and assistance tools available to the User that support it in the management of the productive, realisation aspects of its game and/or comics.
Under no circumstances may the Products be considered ordinary and/or legal advice.
In particular, as far as the generation of the Products is concerned, is carried out independently by the User, who remains solely responsible for verifying the compliance of the Product and the copyright of the contents that they use, to the laws, regulations and local customs in force.
Any explanatory texts provided in correspondence with the Products and the answers to the Users' questions communicated through the Application chat have the mere purpose of facilitating the use and understanding of the Products and are therefore not exhaustive and may not adapt to the specific case of the User and under no circumstances can they replace the assistance or advice of a professional.
In relation to advisory Services, these are offered by independent freelancers who apply conditions and tariffs that they deem to be appropriate. Therefore, the relationships between professionals such as illustrators and Users take place without Tambu.pro being part of the relationship and will not imply any responsibility of Tambu.pro for the professional services used.
The Owner will endeavor to ensure that the Application is available 24 hours a day without interruption, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly unrelated to the Owner's will or due to events of force majeure.
The User who accesses the services offered by the Application is solely and exclusively responsible for the data he transmits for the completion of the individual Products as well as for the ownership of the data and, if referred to third parties, for the free availability of the relative processing..
The User relieves the Owner of any responsibility in relation to the unlawful distribution of third-party content or the use of the Application in a manner contrary to the law.
17. Confidentiality obligations
The Owner commits to keeping strictly reserved and confidential and not to disclose to third parties, except to the extent strictly necessary for the purposes of providing the Product, any data or information of which he has been made aware or simply has become aware in any form and / or on any medium.
Without prejudice to the general obligation of confidentiality referred to above, the Owner hereby acknowledges the confidential nature of the User's information and documents of which he will become aware of and acknowledges that all rights directly or indirectly related to their use are and will remain the exclusive property of the User.
The Owner undertakes to ensure, also pursuant to art. 1381 of the Italian Civil Code, that all third parties to whom confidential information will be made available for the purposes of the execution of the contract, act in compliance with the obligations of confidentiality referred to above.
18. Limitation of Liability
The Owner shall not be liable to the User, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions related to the use of the Internet outside his control or that of his subcontractors.
Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to the Owner, as the User is only entitled to a full refund of the corresponding price paid and any additional charges incurred.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, cheques and other means of payment, upon payment of the services purchased, if the Owner proves to have adopted all the possible precautions based on the current best science, experience and common diligence.
The User commits to indemnify the Owner (and any of the Owner's subsidiaries or affiliates, representatives, collaborators, consultants, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred in defending themselves in court, that may arise from damage caused to other Users or third parties, in relation to the Content uploaded or the violation of the terms of law or the terms of these Conditions.
Therefore, the Owner will not be responsible for:
- any losses that are not a direct result of a breach of contract by the Owner;
- any loss of business opportunity and any other loss, even if indirect, eventually endured by the User (such as, but not limited to, commercial losses, loss of revenue, revenue, profits or alleged savings, loss of contracts or business relationships, loss of reputation or goodwill value, etc.);
- incorrect or unsuitable use of the Application by Users or third parties;
- the issuance of incorrect documents due to errors in the data provided by the User, the latter being the only person responsible for the correct insertion.
In no case will the Owner be held responsible for a sum greater than twice the cost paid by the User.
19. Force majeure
The Owner cannot be held responsible for the failure or late fulfillment of its obligations, due to circumstances beyond reasonable control of the Owner due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as, by way of example and not limited to, failures or interruptions to telephone or electrical lines, to the internet and / or to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the supply of third-party products, services or applications.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of events due to force majeure.
20. Connection to third party sites
The Application may contain links to third party sites. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may refer to third party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will be applied to the individual services, with respect to which the Owner does not assume any responsibility.
No waiver by either party of any article of these Terms shall be effective unless expressly stated to be a waiver and commincated in writing.
22. Invalidity of individual clauses
If any part of these Conditions is illegal or invalid, it will not be considered part of the Conditions and this will not affect the remaining parts of these Conditions, which will continue to be valid to the fullest extent permitted by law.
24. Applicable law and competent court
These Conditions and all disputes regarding execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court in the location where the Owner is based.
If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, except for the right of the User -consumer to appeal to a different judge from that of the "forum of the consumer" ex art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria of the articles 18, 19 and 20 of the procedural code.
25. Online dispute resolution for consumers
The European resident Consumer must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve non-judicially any dispute relating to and/or arising from contracts for the sale of goods and services stipulated on the network. Consequently, the Consumer can use this platform to resolve any dispute arising from the online contract entered into with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/
Last modification date: 24/09/2018
The Tambu.pro interface includes images created by Mirko Mastrocinque and by authors of the International Comics School of Padua.