Last update: 15th March 2020
IN ORDER TO BE ABLE TO USE THE WEBSITE AND RELATED SERVICES FOR CONSULTING THE PUBLISHING CONTENT, UPDATING, ASSISTANCE AND MAINTENANCE, THE USER MUST EXPRESSLY ACCEPT THESE GENERAL TERMS AND CONDITIONS. IF THE USER DOES NOT HAVE TO ACCEPT THESE GENERAL TERMS AND CONDITIONS, THE SAME SHALL NOT BE AUTHORISED TO ACCESS THE SITE AS A REGISTERED USER OR CARRY OUT TRANSACTIONS USING THE SITE
The title of the website is www.tkart.it powered by mag3 (hereinafter, the “Website”) and the seller of the subscription services available on it is Sorridi Editore S.r.l., with registered office in Milan, Via Padova, 330, registered in the Milan Register of Companies with Economic and Administrative Repertory (REA) no. 1773012, Tax Code and VAT number 04797440965, share capital € 20,000.00, represented by its pro tempore legal representative (hereinafter the “Company” or “Sorridi Editore”).
Sorridi Editore may be contacted at the addresses shown below:
Via Padova 330, Milan
Customer Service e-mail address: [email protected]
General Terms and Conditions: the following are the general terms and conditions
Website: this is the www.tkart.it powered by mag3 website owned by Sorridi Editore s.r.l.
User: natural person who browses the Website and who, by providing their personal data, can register on the Website and create their own personal account in order to take advantage of the free features and/or purchase the Subscription service to the Website’s Magazine Section.
Magazine Section of the Website: this is the section of the Website that includes editorial content that can be consulted online for a fee following purchase of the relevant subscription on the Website. The Magazine Section of the Website = described in more detail on the Website – includes an archive of over 500 articles, 15 sections, interactive content and continuous updates on karting.
Subscription: this means the paid subscription which gives the right to consult all the editorial contents of the Magazine Section of the Website in full, which can be purchased on the Website by Users registered on the Website according to the provisions of these General Terms and Conditions.
Free Trial a free trial Subscription period that is limited in time, which can be activated after registering on the Website and which is governed by clause 9 below.
Below, Users and Sorridi Editore may also be referred to individually as the “Party” and jointly as the “Parties”.
Other definitions may also be contained directly in the text of these General Terms and Conditions.
CLAUSE 1 SUBJECT
These General Terms and Conditions govern the following:
- The terms and conditions of registration and use of the Website free of charge, including the use of the free functionalities provided for registered Users, as indicated below
- The general terms and conditions of sale for Subscription to the Website’s Magazine Section, which regulate the purchase and use by the User of the consultation service of the editorial contents of the Magazine Section of the Website as a paid Subscription, in accordance with the provisions below and the rules of the Consumer Code.
The General Terms and Conditions must be known and accepted by Users at the time of registration and purchase of the paid subscription.
Sorridi Editore reserves the right to modify these General Terms and Conditions and to add, modify or delete, at its discretion and at any time, the free functionalities.
Any modification of these General Terms and Conditions shall be communicated to registered Users at the e-mail address indicated during registration. The changes shall come into force from their date of publication on the Website and, with reference to paid services, shall only apply to sales finalised from that date.
All purchases made through the Website by registered Users who access it are governed by these General Terms and Conditions as well as by the other provisions and operating instructions contained on the Website. In case of conflict between the above-mentioned provisions and the operating instructions and the content of these Terms and Conditions, the latter shall prevail.
These General Terms and Conditions apply to updates and supplements, adaptations, developments and improvements of the Website by Sorridi Editore, unless these are accompanied by independent contractual conditions signed after acceptance of these Terms and Conditions, in which case these contractual conditions shall prevail over those referred to in this contract in case of conflict.
The provisions of these General Terms and Conditions apply indiscriminately to all Users.
Sorridi Editore invites each User to carefully read these General Terms and Conditions, before carrying out each purchase transaction and to print them and/or keep an electronic copy.
In any case, these General Terms and Conditions, in their current updated version, shall always be accessible via a link published in the footer of the Website.
CLAUSE 2 REGISTRATION ON THE WEBSITE
To register and operate on this Website, the User must:
- be of adult age;
- register in the appropriate section of the Website by filling in the relevant online form;
- read the information for the processing of personal data
- accept these General Terms and Conditions
Registration on the Website allows the User to use the following functionalities:
- creation of a personal user profile
- association of a photograph with the user profile
- saving and modification of personal data with the possibility of updating it at any time
- access to the orders archive
- taking advantage, upon activation, of a Free Trial period of the Subscription to the Magazine Section of the Website for a limited period of time, according to the provisions of clause 9.
The registering User agrees to provide truthful, accurate, current and complete information as required by our registration procedures. The User undertakes not to pretend to be a different person and not to make false identity declarations, for example the username, e-mail address, password or other information relating to the account, such as the image or profile photograph.
Users also agrees to promptly notify Sorridi Editore at the Customer Service e-mail address indicated in the introduction of any unauthorised use of their usernames, passwords or other information relating to their accounts, or any other breach of security they become aware of concerning the Website or aspects related to it.
The User acknowledges and accepts that, in the event that, during registration, incorrect, untruthful and/or incomplete or non-referable data concerning the User’s identity are entered, Sorridi Editore may be unable to carry out the registration and/or the functions related to it, including the use of the Free Trial – as regulated in clause 9 – and the provision of Subscription services.
Since, as also indicated in the following articles 5 and 9, the promotions on the Website and the Free Trial may only be activated once for each User, in the event of a suspected breach of the above by a User, Sorridi Editore shall have the right to suspend the services related to registration – including the Subscription – and to carry out checks, also by requesting information directly from the User via communications sent to the e-mail address entered during registration. If there is a breach of these General Terms and Conditions, the Free Trial shall not be activated and, as regards the paid subscription, Sorridi Editore reserves the right not to accept the order, to suspend the execution of the service or to withdraw from the contract of online sale, giving contextually motivated communication to the User to the e-mail address indicated by the same during the registration phase. It is agreed that, in such circumstances, in the event that payment has already been made, Sorridi Editore shall reimburse the User the amount paid by the latter. If there is a breach of these General Terms and Conditions, Sorridi Editore reserves the right to in any case deactivate the services of the User’s account or, in the most serious cases, to permanently cancel it by blocking access to the free services and Subscription
Users are responsible for the confidentiality of their usernames and passwords and undertake to keep them with the utmost diligence. In any case, Users are responsible for all the activities carried out on behalf of their accounts.
Clause 3 DURATION OF REGISTRATION, MODIFICATION AND CANCELLATION OF USER REGISTRATION DATA
Registration on the Website has an open-ending duration. Registered Users may, at any time, request the deletion of their profiles from the Website by writing to Customer Service at the following address: [email protected].
In any case, the User acknowledges and accepts that registration on the Website is necessary for the execution of the paid Subscription. Therefore, the User acknowledges and accepts that, if the User cancels his/her own profile on the Website and has a paid Subscription in progress, Sorridi Editore shall be unable to finalise the Subscription contract for a fact not attributable to Sorridi. Consequently, in this case, Sorridi Editore shall not be held liable for failure to execute due to the User’s acts and no failure shall be attributed to it. Therefore, no refund or indemnity shall be due to the User in this case. It is agreed that the cancellation of the current subscription profile shall result in a cancellation of the same, which shall therefore not be renewed at the following annual deadline.
Registered Users may at any time update the personal information communicated to Sorridi Editore when registering on the Website. To proceed with updating the personal information entered, the user must access the personal area of his/her profile. Registered Users are exclusively and personally responsible for the truthfulness and accuracy of the personal data entered and communicated to Sorridi Editore.
Clause 4 PURCHASING PROCEDURE AND FINALISATION OF THE CONTRACT
The User may purchase a Subscription whose content, characteristics and price of which are detailed in a dedicated section in the information pages of the Website, complying with the access and registration procedures indicated in the clauses above. In particular, the User can access the service relating to the purchase of the paid subscription within the respective section of the Website where, for each article, or editorial content, a preview can be viewed or directly accessed via the “Subscribers” button.
Until the user presses the “Purchase subscription” button, he/she has the right to modify or cancel the order, through the specific functions provided on the Website as part of the purchase process. After pressing the “Purchase subscription” button, the order can no longer be cancelled or modified.
Publication on the Website of the services offered constitutes an invitation addressed to the User to formulate a purchase proposal. The order sent by the User has the value of a contractual proposal and is preceded by full acceptance by the User of these General Terms and Conditions.
The subscription purchase contract is considered concluded when the User receives, by e-mail, acceptance of the order from Sorridi Editore. In particular, the acceptance of Sorridi shall be communicated to the User by the sending of an e-mail confirming the order to the e-mail address declared by the latter when registering on the Website, which shall contain a summary of the order, including a description of the characteristics of the Subscription, the applicable conditions and all the information required by law. This confirmation message shall also indicate the order number, to be used in any subsequent communication with Sorridi Editore. The order confirmation also contains all the data entered by the User, who undertakes to verify its correctness and to promptly communicate any corrections.
By sending the order for the purchase of the Subscription, the User expressly consents to the digital content being provided immediately after the conclusion of the contract and accepts that consequently the right of withdrawal pursuant to clause 59 o) of the Consumer Code shall be excluded, as also specified in clause 8 below.
Each order relating to the purchase of the paid Subscription can be viewed by the User on the Website by accessing the dedicated personal area.
Each User may only activate one Subscription through his/her own personal account. Active Subscriptions registered to a single User are no longer permitted. If, for any reason, multiple accounts registered to the same User are activated, the accounts subsequent to the one chronologically activated first shall be cancelled and refunded. In case of error, the User agrees to promptly notify Sorridi Editore s.r.l. in writing to the e-mail address [email protected].
Access to the service presupposes that the User has suitable hardware and software devices (tablets, PCs or smartphones and applications that allow access to the web) for the correct functioning of the service. The lack (or the non-purchase by the User) of the above devices shall result in the impossibility for the User to use the service, without any liability being attributed to Sorridi Editore.
Clause 5 PRICES OF AVAILABLE EDITORIAL CONTENT
The prices of the editorial content, as reported on the Website, are inclusive of taxes and subject to change at any time, it being agreed that, limited to orders accepted or in the process of being accepted by Sorridi Editore, the Conditions of sale in force at the time of the order is sent by the User shall apply.
Sorridi Editore reserves the right to offer discounts or promotions – which shall be described on the Website – reserved exclusively for new subscribers and which in any case can only be activated once for each user. “New subscribers” means Users who at the time of purchase do not have an ongoing Subscription or who have not already been subscribers in the past (hereinafter “New Subscribers”).
In any case, Sorridi Editore reserves the right to offer further discounts or promotions in the manner that shall be described from time to time on the Website.
Clause 6 PAYMENT OPTIONS
Payment may be made by credit card via Stripe or via PayPal or Amazon Pay, subject to the conditions described below. Sorridi Editore may allow additional payment methods, indicating them in the payments section of the Website.
Payment information relating to the PayPal or Amazon Pay account (e.g. credit card and/or bank account) as well as the credit card information for the use of the Stripe service, shall be transmitted by the User directly to the Website of the banking institution that manages the transaction through the chosen payment service provider’s platform. Therefore, Sorridi Editore shall not process payment data and shall not have access to credit card data, but shall only manage User data regarding the success or otherwise of the transaction. No liability may therefore be attributed to Sorridi Editore for the fraudulent use by third parties of the data relating to the payment information and the User’s credit card.
Clause 7 DURATION OF THE SUBSCRIPTION, AUTOMATIC RENEWAL AND RIGHT TO CANCEL
The Subscription shall have an annual duration, starting from the date of activation of the service and shall be renewed tacitly from year to year until the User cancels the Subscription, to be communicated to Sorridi Editore at any time but at least 24 (twenty-four) hours before the expiry of the Subscription. The User may communicate this cancellation by accessing his/her personal profile on the Website in the “subscription” section, then using the specific “Cancel the subscription” functionality or by sending an e-mail to Customer Service at the following e-mail address: [email protected].
In the event of adherence to a promotion reserved for New Subscribers, the Subscription shall be renewed at the normal price starting from the second year, which may also be higher than the promotional price for the first year of Subscription, as clearly described on the Website when the Subscription is purchase taking advantage of the relevant promotion.
In case of cancellation, the contract shall not be renewed and shall end on the annual expiry immediately following cancellation. Therefore, if the User decides to deactivate the Subscription, he/she may continue consulting the paid section until the expiry of the period that has already been paid.
At the time of renewal, the subscription price shall be charged with the same payment method used by the user for the purchase of the subscription. The User therefore authorises Sorridi Editore to receive payment of the amount due by the User for the subsequent automatic renewals of the Subscription with the same payment method used for the purchase of the Subscription.
The subscription price shall then be charged as indicated above on the date of automatic renewal in a recurring and periodic manner.
Without prejudice to the need for the User who intends to terminate the Subscription to give cancellation in the manner indicated above, Sorridi Editore reserves the right to terminate the Subscription contract, with consequent termination of the same, if, at the time of renewal, the payment transaction is not successful for any reason, despite the debit attempts made according to the methods and times provided for by each payment system.
CLAUSE 8 EXCLUSION OF THE RIGHT OF WITHDRAWAL
Pursuant to article 59 paragraph 1 o) of the Consumer Code, since the service regards digital content through a non-material support, the User accepts that the right to withdraw from an order for the purchase of a Subscription concerning the consultation of the Editorial content of the Magazine Section of the Website cannot be exercised after the execution of the Subscription service has started as indicated in clause 4.
CLAUSE 9 FREE TRIAL
Sorridi Editore Srl may, at its sole discretion, offer a Free Trial subscription service to the Magazine Section of the Website described on the Website for a limited period of time indicated on the Website.
The Free Trial service is accessible after the User registered as provided in clause 2 and is completely free and without charge. In fact, no payment is required to take advantage of the Free Trial period, as indicated on the Website.
At the end of the Free Trial period, the User may freely consult the editorial content of the Website normally available for a fee and the User shall be free to purchase or not purchase the paid Subscription following the purchase procedure described above.
Each User may only take advantage of the Free Trial of the Subscription once. Sorridi Editore therefore reserves the right to carry out checks to avoid abuse. In case of suspected breach, Sorridi Editore shall have the right to suspend the services related to the User’s personal account – including the Free Trial – and to carry out checks, also by requesting information directly from the User through communications sent to the e-mail address. provided during registration. If there is a breach of these General Terms and Conditions, Sorridi Editore reserves the right to disable the services of the User’s account or, in the most serious cases, to permanently cancel it by blocking access to the free services and to the Subscription.
Sorridi Editore Srl reserves the right to modify the terms and conditions of the Free Trial offer, or to cancel this offer, at any time and without notice.
Clause 10 LIMITATIONS ON USE OF THE WEBSITE
The User may use the Website exclusively in the ways expressly granted in these General Terms and Conditions. In doing so, the User must comply with any technical limitations present of the Website, that only allows the user to use it in certain ways.
The User may not:
- circumvent the technical limitations and technological mechanisms on the Website;
- decode, decompile or disassemble the Website code, unless such activities are expressly permitted by law and in any case within the limits of these provisions;
- publish the website code to allow others to duplicate it;
- copy of the Website or any part of it, except as permitted by law;
- use the Website in violation of the law;
- extrapolate and distribute any material that contains a virus or other harmful component, or tamper with, compromise or otherwise damage the Website or the linked networks, or that otherwise interferes with the use or enjoyment of the Website by other users.
Clause 11 LIMITATIONS ON THE USE OF EDITORIAL CONTENT
The rights to use the editorial content published on the Website granted by Sorridi Editore to the User are strictly limited to consulting and viewing the online content published in the Magazine Section of the Website and the use of such content for private and personal purposes. In particular, the making available of editorial content does not transfer any right to commercial or promotional use of the same to the User. In addition, the User cannot modify, copy, reproduce, download, disseminate, transmit or commercially exploit the content published on the Website in any way.
It is also forbidden to copy, keep and use any editorial content published on the Website outside the Website and without the online mode in which the content is made available.
The User therefore undertakes to use the editorial content in full compliance with the above provisions and not to breach the copyright of Sorridi Editore and/or third parties in any way (for example, sponsors or commercial partners of Sorridi Editore).
Each possibility of viewing from different devices is just an advantage for the User for the private consultation of the content and does not constitute a concession, waiver or any other limitation of any right of the copyright holder for any content included in the magazine.
Clause 12 DISCLAIMER
Sorridi Editore, its affiliates, managers and/or agents or other third parties who have taken part in the creation, production or disclosure of the Website assume no liability for any direct, indirect, special, implicit or different damages derived from the Website, from its use or from the inability to use the Website, including damage caused by viruses, or malfunctions derived from faults or problems that may affect the technical infrastructure used by Sorridi Editore to publish the Website.
Sorridi Editore does not assume any liability in relation to any damage derived to the User or to third parties from the concrete application by the User of any indications or advice that could be published on the Website in sections dedicated to practical suggestions.
The User undertakes to indemnify Sorridi Editore from any loss, damage, liability, negative consequence or expense in any way connected to complaints, disputes and/or claims of third parties due to the fact that the User has used materials or products connected to the service and/or editorial content in breach of any applicable legislation, third-party rights or the terms of these General Terms and Conditions.
Clause 13 WARRANTY EXCLUSION
Sorridi Editore does not issue express or implied declarations or warranties that the Website is suitable for meeting the User’s needs and that it is free from errors.
Sorridi Editore shall have the right to temporarily or permanently suspend connection to the Website for force majeure reasons (for example: measures of the public authorities, failure to supply electricity, missing telephone connections, unavailability or clogging of the equipment of the operators on the landline, mobile, abnormal overload of servers, etc.), for interventions to improve, repair or maintain the Website. Therefore, no refund and/or direct and/or indirect compensation shall be due in any way to the User in such cases.
It is agreed that in the case of temporary suspension of the service for improvement, repair, maintenance or restyling of the Website, the operation of the Website shall resume and continue regularly for users in accordance with these Terms and Conditions.
Clause 14 LINKS TO THIRD-PARTY WEBSITES
The Website may contain hypertext links to external websites owned by third parties.
Sorridi Editore has no control over these Websites; therefore, it has no responsibility for the accuracy, content, completeness and quality of the information contained on these third-party websites. The User is therefore required to address any questions or doubts regarding any external link to the administrator or webmaster of the third-party website.
Clause 15 INTELLECTUAL PROPERTY AND DISTINCTIVE SIGNS
All trademarks (registered or unregistered), as well as any and all intellectual work, distinctive signs or denominations, images, photographs, written or graphic text and more generally any other intangible assets protected by international laws and conventions relating to intellectual property and industrial property reproduced on the Website, shall remain the exclusive property of Sorridi Editore and/or third-party owners (for example, sponsors or commercial partners of Sorridi Editore) without access to the Website and/or entering into contracts for the supply of the service giving the User any rights regarding the same. Any use, even partial, of the same is prohibited without the prior authorisation of the rights holders. The property, the rights of use and commercial exploitation and, in any case, all rights, including copyright, in any way inherent to the service and the magazine are and shall remain the exclusive property of Sorridi Editore and/or third-party owners (for example, sponsors or commercial partners of Sorridi Editore). The service and editorial content is protected by current copyright laws and any other applicable legislation.
It is therefore forbidden to reproduce, even partially, the content and graphics of the Website, as well as the distinctive signs made visible on the same.
The ownership of the Website, including the source codes and any adaptations, developments and improvements made by Sorridi Editore for the specific needs of users, the relative documentation, as well as all the rights for their economic use, shall remain with Sorridi Editore and is protected by current copyright law.
Clause 16 BREACH OF THE GENERAL CONDITIONS BY THE USER
As indicated in the previous clauses, since the promotions and the Free Trial can only be activated once for each User, in order to avoid abuse, if there is a breach of these General Terms and Conditions by the User, Sorridi Editore reserves the right, depending on the situation, not to activate the Free Trial and/or not to accept the order, to suspend the execution of the service or to withdraw from the online sales contract, providing contextually motivated communication to the User at the e-mail address indicated during registration. It is agreed that, in these circumstances, in the event of payment already made for the purchase of the Subscription, Sorridi Editore shall reimburse the User the amount paid by the latter.
In any case, in cases of fraudulent use or use contrary to these General Terms and Conditions, Sorridi Editore reserves the right to suspend the services of the User profile or permanently delete the profile in the most serious cases at any time and without notice.
Clause 17 COMMUNICATIONS AND COMPLAINTS
All communications or any complaints from the User to Sorridi Editore regarding the use of the service must be addressed to Customer Service, by sending an e-mail to the following address: [email protected]
Clause 18 APPLICABLE LAW, JURISDICTION AND ON LINE PLATFORM FOR THE RESOLUTION OF EXTRAJUDICIAL DISPUTES
These General Terms and Conditions are governed in every aspect by Italian law. Any dispute relating to the interpretation, execution and/or termination of the contract between Sorridi Editore and the User shall be under the jurisdiction of the consumer’s court.
Pursuant to article 14 of EU Regulation 524/2013, the User is also informed that in the event of a dispute, a complaint may be lodged through the European online dispute resolution platform (ODR) made available to consumers by the European Commission. The platform can be accessed at the following link: https://webgate.ec.europa.eu/odr and constitutes an access point for users who wish to resolve out-of-court disputes arising from contracts for the sale of goods or online services.
Clause 19 FINAL PROVISIONS
Failure by Sorridi Editore to exercise any right included in these General Terms and Conditions shall not constitute a waiver of this right, nor be interpreted as such.
The User has no right to transfer or assign his/her rights and/or obligations derived from these General Terms and Conditions without the prior written consent of Sorridi Editore.
In the event that any of the clauses of these General Terms and Conditions are or becomes invalid or ineffective, this invalidity or ineffectiveness shall not affect the validity or effectiveness of the other clauses of the General Terms and Conditions, which shall therefore remain in force between the Parties.
The Parties agree to replace invalid or ineffective clauses with valid and effective clauses, which shall be as close as possible to the will of the Parties.