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TERM AND RIGHT OF WITHDRAWAL
General conditions of service
This agreement consists of the translation of an Italian agreement and is thus entirely governed by Italian law. The Court of Milan shall have PCSle jurisdiction over any dispute that might arise between the Parties in regard to this agreement. 1 – SERVICES AND CONCLUSION OF AGREEMENTS: These General Conditions of Service (“GCS”), together with the additional terms and conditions contained in the Personal Contract Signed (“PCS”), regulate the supply to customers (“Customer/s”) of the services offered by Efffetti di Massimiliano Vinci, registered office in Monza, Via Fiume 22, ZIP 20900. VAT Registration no. 04407650961. The agreements between Efffetti and the Customer in regard to the individual Services are considered concluded at the time Efffetti receives payment of the Consideration for the Services. 2 – TERM AND RIGHT OF WITHDRAWAL: these GCS have an indefinite term, unlike the agreements for the individual Services, whose term will be indicated in the relative PCS. SPECIAL NOTICE FOR CONSUMERS: a Customer who is a natural person and requests the provision of a service for purposes not connected with his/her own professional activity (“Consumer”) will have the right to withdraw freely from these GCS and/or an individual PCS within ten business days after the conclusion of the relative agreement, pursuant to and in accordance with Article 5.1 Legislative Decree 206/2005. Withdrawal must be exercised in writing, by means of a registered letter mailed with return receipt to Massimiliano Vinci, Via Fiume 22, 20900 Monza (Italy). The notice may also be anticipated by fax or e-mail, provided that it is confirmed within 48 hours by registered mail with return receipt. Following withdrawal by the Customer in accordance with the foregoing conditions and within 30 days after the date of withdrawal, Efffetti will credit the Customer for the amounts that he/she might have paid. The complete text of Legislative Decree 206/2005 can be consulted at this link. The Customer takes note that the right of withdrawal envisaged at Article 5 of Legislative Decree 206/2005 cannot be exercised in connection with the service supply agreements whose performance started prior to the expiration of the aforementioned ten-day term or if the Customer is not a Consumer. By way of example, the Customer takes note that start of the procedure for confirming a wedding, such as booking town halls or reception venues, is equivalent to the “supply of service” envisaged in Article 5 Legislative Decree 206/2005. The Customer is always free to withdraw from an PCS in conformity with the conditions indicated herein above. The Client, as provided by the current laws, will be free to withdraw from each PCS at any time by sending a return slip-included 30 days notice to Massimiliano Vinci, Via Fiume 22, 20900 Monza (Italy). The Customer agrees that his/her withdrawal from these GCS will not be enforceable if a contractual relationship involving a PCS is pending between the Customer and Efffetti. Therefore, if the Customer wishes to withdraw from these GCS, he/she must first or simultaneously withdraw, when possible, from any PCS that are pending at the time notice of the withdrawal is served. 3 – REQUEST FOR SERVICES ON BEHALF OF OTHERS: If a request is made on behalf of others (end customers) by the Customer (or, for the purposes of this article, the, Intermediary) who offers, even for free, Efffetti services, the Customer he/she/itself shall comply with the following conditions: a) the Intermediary undertakes to approve and enforce compliance by its end customers of the obligations envisaged in these GCS and in the PCS relative to the requested service. b) The Intermediary hereby undertakes and warrants that the end customers will enter into an appropriate agreement in relation to each Order. The Customer hereby represents and warrants that the Orders will not violate the rights of others. c) The Intermediary undertakes to update both its own data and those of its end customers, promptly notifying Efffetti of any possible update. d) The Intermediary undertakes to guarantee compliance with privacy laws, provide disclosure thereof to the end customer of the services, including the data to be communicated to the Authority. e) The Intermediary undertakes to send to the end customer every service notice that Efffetti decides to communicate. The Intermediary shall be directly liable towards the end customer and to Efffetti if it fails to send the information envisaged at this point. Only in the cases envisaged by the Registration Authority and expressly requested by the same may Efffetti directly contact the end customers for the transmission of information; this information shall not be of a commercial nature. The Intermediary warrants that the purchases made on behalf of others who are end customers or, regardless, all the activities performed by the Intermediary on behalf of the end customers shall be performed solely and exclusively after the end customer has granted a mandate for purchase of the service. The Intermediary shall be exclusively responsible, and in this sense promises to indemnify Efffetti, for any consequence deriving from purchase of services and/or products of Efffetti not authorized by the end customer. The Intermediary assumes full responsibility for the Orders sent to Efffetti and undertakes to indemnify and hold harmless Efffetti, the other companies engaged by Efffetti for the organization of the wedding, and the assistants of Efffetti against any third-party claim regarding and in any way connected with performance of the Agreement and/or violation by the Intermediary of the obligations, representations, and warranties envisaged in this agreement. 4 – COMMUNICATION BETWEEN THE PARTIES: Except as expressly envisaged otherwise, the Parties agree to use electronic mail to send the notices that are required or to be served pursuant to these GCS and/or the individual PCS. 5 – GOVERNING LAW AND COURT OF JURISDICTION: This Agreement is governed by the laws of the Republic of Italy. The Court of Milan shall have exclusive jurisdiction in any controversy involving or deriving from this Agreement or its performance. Download here a PDF of the Legislative Decree 206/2005