TERMS & CONDITIONS
Welcome to Ex.t! www.ex-t.com (the “Site”) is an eshop and a free web service connecting design lovers: web shoppers, creative professionals (architects, product and interior designers) and design retailers. We call the services available on the Site the “Services.” The Ex.t Service is provided by Dex Spa - with head office situated in Via Arno 26, SestoFiorentino (FI) 50019 VAT number 05798220488 - however, we will refer to our company and service as “Ex.t” to keep things simple. Like all online services, we need to have a general terms and conditions (“the Conditions”). Please read these Conditions carefully, and email us at firstname.lastname@example.org if you have any questions.
• By accessing the Site or using the Services, the User agrees to be bound by these Conditions as well as to any changes to the Conditions Ex.t may apply after the registration of the Userand without actual notice. All such changes to the Conditions will appear on www.ex-t.com.
• The obligation to comply with these Conditions thus extends to services provided by the Site in the future unless otherwise provided at the time of the first supply of the new service or upon the User’s registration.
• If the User does not accept these Conditions, he or she should refrain from accessing the Site and completing the registration process required for use of the Services.
• The User may register with the Site and use the Services only if he or she is in the position to enter into a binding agreement with Ex.t by the acceptance of the Conditions and is unable and without capacity to enter into agreements pursuant to Italian law or other laws if applicable. If the User registers with the Site in the name and on behalf of a company or other entity, he or she shall be duly authorized to and have the capacity to bind such person or entity. If not, the User is not entitled to accept these Conditions which, in any case, shall bind the subject in which name and on behalf the User has acted.
• The Conditions may be amended by Ex.t at any time, either by the inclusion of substitutive or supplemental provisions relating to one or more Services, by publishing an updated version of the Conditions on the Site. Therefore, the User should read the Conditions periodically in order to be apprised of the latest terms and conditions of use of the Site and Services. The access to the Site and the use of the Services after the above mentioned changes shall be deemed as full and unconditional acceptance of the Conditions as modified and/or amended by Ex.t.
• In the event specific terms and conditions are published on Site pages in relation to the offering of certain products or services, such terms and conditions shall prevail on the Conditions to the extent they shall be in conflict or inconsistent with the provisions of the Conditions.
Description of Site and Services
• The Site is an online shop and a community that aims to provide its Users with an online destination at which to gather and share content related to design sector. This platform allows the Users to buy the products sold by the Site as well as to be in touch each other, to exchange information, ideas, suggestions about design and to participate in online contests voting.
• Services covered by these Conditions are free of charge.
• By registering his or her account on the Site, the User acquires a personal and not transferable right to use the Services provided by Ex.t.
• By connecting to the Site with a third-party service (e.g., Facebook or Twitter), the User give us permission to access and use his/her information from that service as permitted by that service, and to store his/her log-in credentials for that service.
• The Site maintains different types of accounts for different types of Users: Customer, Designer, Architect, Retailer, Journalist. Creating an account with Ex.t gives to the User access to differentiated kind of Services. For all types of Users, these Services include the right to create a personal profile on the Site where to upload the Contributions as defined below, the possibility to interact with the other Users and to vote in our contests.
• After the registration, at any time the User may request the deactivation of its account by sending a notice by e-mail at email@example.com.
• The Services are provided "as is" and "as available". Ex.t does not guarantee the completeness, accuracy, availability, timeliness, continuity, affordability and reliability of Services and of the Contents of the Site. Ex.t also does not guarantee that the Services will meet User's requirements or shall be available without interruption, securely, or error-free, and is not responsible for the loss or failure to store or transmit the Content and other communications maintained by the Services.
• Ex.t will not be deemed as liable for any direct or indirect damage to User's computer or for any loss of data or other damage resulting from accessing to the Site and/or using of the Services and/or its Content.
The e-commerce Service:
The terms and conditions of sale below apply to all purchases of “Ex.t” products.
Special promotions and discount coupons are not cumulative and are applied only to private customers purchases.
•Security & Order Confirmation:
If the User pays by credit using the payment screen on our website, his/her details are handled by us on a secure server using encryption. While it is impossible for any web site to be completely impregnable to fraud, our system of a secure server and encryption offers a high level of security that the User can be confident with.
When the User places an order to purchase a product we will send him/her an Order Confirmation email confirming receipt of his/her order and containing the details of his/her order including an online order reference number. The User’s order represents an offer to us to purchase a product which is accepted by us when we process payment for his/her order.
If the User has incorrectly entered his/her email address, his/her Order Confirmation email will fail. So long as payment has been processed successfully this will in no way affect his/her order. Failure by us to send an Order Confirmation email in no way invalidates the User’s offer or our acceptance of his/her offer.
Delivery charges and estimated times of delivery will be indicated on the product page of the website. The User must ensure correct delivery address details are provided to us. We will use all reasonable endeavors to meet the delivery time indicated on the website, however the User agrees that “Ex.t” is not and will not be liable for any loss or damage, however it arises, if the products are not delivered by the delivery date.
Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address.
All delivery costs indicated on the website are for “curbside deliveries only”.If the recipient require additional delivery service, will need to ask for a price quotation before placing the order through the website.
Products not delivered within the agreed time, because the delivery company is not able to contact the recipient, may incur storage fees applied by the delivery company.
•Risk and title:
All risk in “Ex.t” products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by “Ex.t” of full payment.
Full payment for products must be made at the time of purchase, except in the event of made to order products, in which case “www.ex-t.com” may at its absolute discretion agree to accept a deposit with the payment of the balance at a later time, but in any event full payment must be received by “Ex.t” prior to shipping the products.
Cancellation of an order:
Deposits are subject to a minimum cancellation charge amounting to 30% of the purchase price of the product. Cancellations where manufacturing has commenced or where purchases have been made on the User behalf, may include a cancellation charge up to the entire purchase price. The cancellation charge covers loss of value, administration and inventory costs, and other associated expenses.
The User product may exhibit different characteristics from the photos on the website which have only a demonstrative purpose. Color and material samples are to be used as an approximate guide only.
Our products respect the warranty period indicated by Italian Law.
Upon arrival of the products, the user MUST check that the packaging is intact and does not present any damage. If the packaging presents damages, the User must ask the driver of the delivery company to write on the delivery documents that “the User accepts the products with reserve”. The User must check that the goods received correspond to the goods ordered and that there are not defects undetected by our quality control. All claims must be forwarded in writing (by email to firstname.lastname@example.org) , even if previously announced by phone, within 8 days upon receipt of the goods. The maximum aggregate liability of “Ex.t” for a breach of a condition, guarantee or warranty implied by Italian Law, is limited to the amount payable by the User to us in respect of the product giving rise to the liability.
If for any reason the User is not entirely satisfied with any product that he/she has purchased from us, the User may return it to us, at his/her expense. Products need to be delivered back to our warehouse in Italy within 28 days from the date in which they were delivered to the User, in original packaging and condition, and accompanied a copy of his/her Order Confirmation. Provided that these conditions are met, we will refund the purchase price excluding the shipping costs.
Rules of conduct for using the Site
The User represents and warrants that:
• he or she will use the Site in accordance with the provisions of these Conditions;
• the information provided through registration with the Site is accurate, truthful and precise and will be promptly updated if changed, either through the Site or by providing written notice to the address email@example.com;
• he or she will ensure that their password to access to the Site and to the Services is kept confidential and securely and is aware that the password is personal and not assignable and that the User may be deemed liable for any abuse and/or breaches of these Conditions or legal provisions due to third parties through the utilization of the assigned password to access the Services and to use the Site;
• he or she is entitled to use and dispose of Contributions – as defined below - published on the Site under all the necessary licenses, rights, consents, and permissions.
By accessing or using the Site and the Services, the User undertakes not to:
• Use automatic devices, software, or other systems that could damage or catalogue the Site or any information contained therein or interfere with the functionalities and/or Services of the Site;
• Use the Site Contents or engage in activities such as framing the Site or its contents to represent as though it was owned by himself or by other subject other than Ex.t creating or compiling a database of the information stored therein, or performing any type of activity that competes with the Site;
• Enable links to any content if the Site as if it was a link connected to own Contribution – as defined below – or to any contain owned by third parties or connect any link to the Site and then connected the same to other sites;
• Upload, transmit, or send advertising, spam, chain letters, or other forms of unsolicited communications;
• Upload, post, or otherwise spread Contributions – as defined below – and/or comments or illegal content that might be vulgar, obscene, libelous, pornographic, defamatory, offensive to common morality and public order, or otherwise prejudicing the rights of third parties, or inciting to hate and to spread messages of discrimination of any kind, or with religious content;
• Breach the rights of third parties, including the right to privacy, copyright, trade secret and any other intellectual property rights or other third party rights;
• Misrepresent the own identity and/or perform acts aimed at extorting money, passwords or personal information;
• Breach the terms of this Conditions or other applicable statutory provisions;
• Publish, sell, trade, or exploit the Site and/or the Contributions in any manner, except as expressly authorized by Ex.t;
• Upload viruses, worms, computer code, files, or other items that may cause damage to the Site, software, hardware, telecommunications equipment of third parties.
If the Conditions have been breached, Ex.t is entitled to engage in any action deemed as appopriate in order to prevent any unauthorized use or access to the Site, including, without limitation, the adoption of technological protection measures, reporting to the competent authorities the User's conduct or disabling the access to the Site and the Services, without any notice.
• During the using of the Services, the User may publish Contributions such as texts (information, comments, ratings, and hypertext links) and visual material (images and drawings).
• The User acknowledges his or her sole responsibility for the Contributions published on the Site. Ex.t has no control on the Contributions does not approve them nor assume any liability with regard to them in the event of any breach of third party rights.
•The User will acknowledge and agree that the display or inclusion of his or her Contributions shall be in the sole discretion of Ex.t and the Contributions may or may not be included on the Site for any reason or no reason at all.
• At any time, Ex.t may remove or amend the Contributions of the User and/or disable the access to any User's Contributions in its discretion, without notice and without liability towards the User. In particular, Ex.t reserves the right to remove, amend, or disable the access to any Contributions of the Users if:
- The Contribution breaches the provisions of the law or other statutory provisions if applicable;
- The Contribution infringes the intellectual property rights or other rights of third parties;
- Any judicial or other competent Authority requires to do it;
- The Contribution is misleading, false and/or incorrect, inappropriate for the purposes of the Site, or may constitute a crime or is obscene, defamatory, or illegal, or has been altered through the introduction of viruses or other elements harmful to the Site, Users and other Contents.
• The User grants the limited license over his or her Contributions:
Ex.t does not claim any permanent ownership of Contributions submitted by the User or made available for inclusion on the Service. However, in the modern age of content hosting and the propagation and streaming of content across the web, Ex.t requires a limited license to host and display this content, as specified below, which lasts as long as the User chooses to host his or her work on the service. The limited license below is required to allow Ex.t to host, display, organize, and propagate a member's portfolio of projects or any material submitted for competitions or contest launched by the Site. By communicating with Ex.t, including submitting or sending Contributions, correspondence or other information or material, The User grants Ex.t a limited license, for the period of time the User’s portfolio of his or her Contributions is published in Ex.t systems, to display the work royalty-free, unrestricted, and world-wide, across the Site. In some instances, media must be reformatted for display and incorporation into Ex.t's galleries. As such, during this limited license, the User allows Ex.t to reproduce, modify, publish, translate, distribute, perform and display his or her Contributions (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such limited license also includes incorporating the Contributions, in whole or in part, into an Ex.t feature or in promotional or marketing materials (attributed properly to the author).
Ex.t will NEVER assume ownership of the User’s work, and the author's copyright settings, as selected by the author, will remain associated with each published project. Work submitted to Ex.t remains owned by the author, under the author's selected copyright settings. In case one User’s project published on the Site is chosen for future production development, Ex.t will directly contact the author to agree new terms and conditions.
•User Contents made available by Users or by Ex.t through the Site is solely for personal use. Users are not authorized to resell or make commercial use of any Contents posted on the Site without the written consent of Ex.t. Therefore it is not permitted to use information, texts, images, videos and any other contain published on the Site for whatever reasons and purposes, either by publishing them in whole or in part on other websites or by releasing or disclosing the Contains by any electronic or paper means.
Links to third party sites
• Users may publish or share on the Site hyperlinks and references to third-party web sites or resources. These links do not constitute endorsement by Ex.t either in respect to such sites or resources or in relation to the contents, products, or services made available over which Ex.t has no control and for which it assumes no responsibility. Therefore, any products or services offered or promoted through web sites of third parties are in no way endorsed, sponsored by, or supported by Ex.t and the User assumes full responsibility for any use or purchase of such products or services.
• When connecting to third-party sites, User agrees to leave the Site at his own risk and agrees that Ex.t cannot be deemed as liable in any way for the functioning of such other sites or the
contents published on them.
• Ex.t does not guarantee the accuracy or the timely updating of information or editorial contents provided by the Site, for example news, commentary, rules, competitions, contracts, training, or event details.
• Ex.t makes accessible to Users the information provided by the other Users of the Services.
• Users are entitled to consult free of charge the profiles of other Users in order to communicate with other Users and build a personal directory of contacts and addresses to which to send potential requests for information.
• The information contained within the profiles is provided directly by Users and is not subject to prior verification or monitoring by Ex.t, which performs only an authenticity check on the existence of the email communicated by User at registration with the Site. Therefore, when registering on the Site, Ex.t cannot guarantee the accuracy and the fairness of the data published on the profiles or the authenticity, accuracy of description, or existence of any goods or services described and promoted within the Service, the responsibility for which is entirely that of the Users.
•Therefore, the User undertakes to keep Ex.t harmless from any claim, complaint, or legal action connected with the use of the Contributions provided by them and/or by the other Users.
The User is responsible for Contributions uploaded and notices sent to other Users within the Services and agrees to use the Services only for lawful purposes as permitted by applicable law, usages, and customs and rules of due diligence and fairness, without prejudicing third-party intellectual property rights or other rights of third parties. The User agrees to indemnify and hold harmless Ex.t and its directors, shareholders, representatives and employees from any claim and/or demand and/or legal action and any damage (including attorneys' fees) arising out of or relating to – directly or indirectly - the use of or access to the Site or Contributions published or disclosed therein which are not compliant with these Conditions or any applicable law.
Disclaimer of warranty and liability
• To the extent permitted by applicable law, Ex.t shall neither be held liable to Users or any third party nor shall indemnify any damages, claims or losses, direct, indirect, additional or consequential or of whatever nature (including but not limited to damage for impediment of the right to access, use, as the case may be, of the Site and/or the Services, damage to image, loss of data, loss of business opportunity, loss of profits, business interruption or the like) arising out of the utilization or of the impossibility of the utilization of the Site and/or the Services or of any other functionality provided by third parties through the Site or of any possible not authorized access to the personal account of the User, also in the case in which Ex.t has been informed about the possibility of rising up such damage related and/or
the malfunctioning of electronic equipment owned by the User or any third party, including Internet service providers, telephone equipment, and/or computers unmanaged by Ex.t or people for whom it may assume responsibility; the insufficiency of electronic means of communication for reasons beyond the control of Ex.t including, without limitation, natural disasters, lack of energy, lack of telephone lines or other network service providers, failure of computers and/or other electronic devices even unrelated to the interruption, malfunction of software installed by the User and the actions of other Users or other persons who have access to the network; the Contributions uploaded and/or shared by Users through the Site, for which Ex.t has not assumed responsibility or verified the legality, accuracy, timeliness, completeness, reliability, truth or usefulness, the sole responsibility for which rests with the User;
Further breaches of these Conditions and any other legal provisions if applicable.
• Ex.t shall not be obliged to indemnify any fraudulent acts due to its employees, agents and/or Users of the Site, or any incorrect representation released fraudulently by Ex.t's employees, persons in charge as appointed by Ex.t and/or Users of the Site or any possible disclosure of login and password and all of the information provided by the User by the Site to third parties, by User and/or its employees and/or persons in charge appointed by it.
• Ex.t has no direct access to the communications and information exchanged between Users and cannot take action with respect to transactions which originate through the Service for example, in the context of forwarding communications to Users. Therefore, Ex.t may not be held liable as an agent or intermediary in relationships between Users.
• The responsibility of the User's relationships with other Users and third parties through the use of the Site and/or the Services shall be borne by the relevant Users exclusively. Ex.t reserves the right, but has no obligation, to intervene in any way in these disputes.
Intellectual property rights
• Any logo and trademark Ex.t, registered or not, published on the Site by Ex.t, and the domain name www.ex-t.com as well as any other intellectual property rights are owned exclusively by Ex.t. Any reproduction and/or not previously authorized use by Ex.t of logo, trademark, sign and/or words Ex.t as trademark and/or log and/or company name and/or as domain name or other distinctive sign are forbidden.
•The pages and graphics of the Site, illustrations, pictures, multimedia contents (video/audio) and information constituted by and made accessible through the Site are in the title of Ex.t exclusively.
•Any operations of reproduction, modification, distribution, or dissemination of the Site are prohibited, without prejudice to the activities of downloading and displaying of the Site content for personal and noncommercial purposes only and, in such cases, provided that the material in question is in no way modified and all information related to intellectual property or industrial rights are maintained with an indication of the source by inserting a hyperlink to the Site www.ex-t.com
•The extraction and reuse of all or of a substantial part of the Users' profiles, including the extraction or re-utilization of insubstantial parts of the relevant content whereas such activities are repeated and systematic, are prohibited.
•The obligations undertaken by the Users pursuant to this article shall survive also after these Conditions shall not be in force for whatever reasons.
The invalidity of one or more provisions of these Conditions shall not cause the invalidity of the entire Conditions and/or of the other single provisions herein contained. In such event, the parties shall be obliged to act in good faith and in a constructive manner, in reasonable time in order to reach an agreement to substitute the void provisions with others as valid, which shall be able to achieve the purposes of the void provisions to the wider extent.
Extension of Validity of Provisions
•Any provision, set forth herein in the Conditions, whose validity by its nature after their termination, shall be in force between Ex.t and the User. Law and Jurisdiction
•These Conditions shall be interpreted and governed by Italian law.
•For any disputes arising, for any cause or reason, regarding the interpretation and/or performance and/or validity and/or the end of this contract, the Court of Florence shall have exclusive jurisdiction. In the case in which the conciliation procedure in accordance with and within the meaning of Legislative Decree No. 28/2010 becomes effectively and functionally enforceable, the Parties declare that, in the case of any dispute arising for any cause or reason regarding the interpretation and/or performance and/or end of this contract, the conciliation procedure shall be activated at the Chamber of Commerce of Florence before resorting to the Ordinary Courts. It is agreed that it shall not be necessary to resort beforehand to conciliation in relation to requests for payment injunctions and/or cautionary and/or urgent measures.