General Contract Conditions, information for the customer
Conclusion of the contract
Right of withdrawal
Prices and terms of payment
Terms of delivery and shipping
Recognition of rights of use relating to digital content
Legal guarantee of conformity
Applicable law, jurisdiction
Alternative Dispute Resolution
Jurisprudence on used software
1) Scope of application
1.1 These general conditions of contract (hereinafter "General Conditions") of PC Run di Antonio Sancilio (hereinafter "seller"), apply to all contracts entered into by a consumer or professional (hereinafter "customer") with the seller, in reference to the goods and/or services on sale in the seller's online shop. These conditions exclude the application of the customer's own provisions, unless otherwise agreed.
1.2 For the purposes of these General Terms and Conditions, "consumer" means any natural person who concludes a legal transaction for purposes which do not fall within the framework of his commercial or self-employed professional activity. "Professional" means any natural or legal person or partnership with legal personality who, in concluding a legal transaction, acts for purposes attributable to his commercial or self-employed professional activity.
1.3 For contracts relating to the supply of physical data carriers that serve exclusively as a carrier for digital content, these GTC apply accordingly, unless otherwise stipulated in derogation. In the sense of these GTC, digital content means data created and delivered digitally.
1.4 These GTC apply to contracts relating to the supply of digital content, with the exception of any express exceptions to the General Conditions.
1.5 Digital content within the meaning of these GTC means all data not saved on physical support created in digital format and made available by the seller, who recognizes certain rights of use according to precise procedures contemplated by these GTC.
2) Conclusion of the contract
2.1 The product descriptions in the seller's online shop constitute binding offers from the seller. .
2.2 The customer can accept the offer via the order form on the seller's online shop. In the event that the order is placed via the online order form, after entering personal data, the customer, by clicking on the validation button at the end of the purchase procedure, provides the legally binding acceptance of the contractual offer in relation to the goods contained in your shopping cart. However, the offer can only be accepted if the customer, by ticking the appropriate box under the text: "I expressly declare that I have read and accept the General Conditions of Sale", confirms that he accepts the contractual conditions.
2.3 The seller sends the customer the order confirmation by post or e-mail.
2.4 In case of acceptance of an offer via the seller's online order form, the contractual text will be saved by the seller and sent to the customer after the relative order has been sent, together with the text of the general terms and conditions (e.g. by e-mail, fax or letter). The text of the contract will also be filed on the seller's website and the customer will be able to access it free of charge through his password-protected account, by entering the relevant login data, provided that, before sending the order, the customer has proceeded to create an account in the seller's online shop. In any case, the seller will send the customer an order confirmation, signaling the possibility of downloading and printing the general terms and conditions using the "print" function.
2.5 Before submitting the binding order via the seller's online order form, the customer can correct his data at any time using the normal mouse and keyboard functions. Furthermore, before the binding transmission of the order, all data will be displayed in a confirmation window, where they can still be changed using the normal mouse and keyboard functions.
2.6 If the customer acts as a consumer, the only language available for stipulating the contract is Italian.
3) Right of withdrawal
3.1 Consumers have the right to exercise the right of withdrawal.
3.2 For further information on the right of withdrawal, consult the relative information of the sellers.
4) Prices and payment conditions
4.1 The prices indicated by the seller are final amounts inclusive of the statutory VAT rate. Any extra delivery and shipping costs are shown on the respective product description page.
4.2 Shipments to countries outside the European Union could involve additional specific costs to be borne by the customer. Among these, for example, the costs relating to the transfer of money through credit institutions (eg: commissions on transfers, currency exchange) or taxes and charges for imports (eg: customs duties).
4.3 The customer has various payment options available, which are explained on the seller's website.
4.4 If an advance payment is agreed, the balance must be paid upon conclusion of the contract.
4.5 If the customer opts for payment with "PayPal", the payment will be managed through the service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal conditions of use available at https://www.paypal.com/it/webapps/mpp/ua/legalhub-full?locale.x= it_IT. Among other things, this assumes that the customer opens a PayPal account or already has one.
5) Terms of delivery and shipping
5.1 The goods are shipped by forwarder to the address indicated by the customer. The order is processed taking into consideration the shipping address indicated. Notwithstanding the above, if payment with PayPal has been chosen, the delivery address indicated by the customer at the time of payment with PayPal will prevail.
5.2 If the courier sends the goods back to the seller following the impossibility of delivery to the customer, the costs of the unsuccessful shipment will be charged to the customer. This does not apply if the customer exercises the right of withdrawal if the circumstance that made delivery impossible is not attributable to the customer or if the latter is temporarily unable to accept the offered service, unless the seller has announced the execution of this service with adequate advance.
5.3 There is no collection by the customer.
5.4 Digital content will be provided to you in electronic format only as follows:
by email
via download
6) Recognition of usage rights relating to digital content
6.1 Unless otherwise indicated in the description of the contents given in the seller's online shop, the latter grants the customer the non-exclusive right, unlimited in time and space, to use the contents provided for private and commercial purposes.
6.2 Outside the scope of these GTC it is forbidden to transmit to third parties or make copies of the contents for third parties, except in the case in which the seller has given consent to the transfer of the license object of the contract to the third party.
6.3 The acknowledgment of the right will be effective only once the customer has paid the due fee. In any case, the seller may temporarily allow the use of the contents covered by the contract even prior to said payment. This provisional permit does not imply the transfer of rights.
7) Legal guarantee of conformity
7.1 The provisions of the law apply in cases of guarantee for defects of the thing sold.
7.2 For consumers, the limitation period for warranty claims is two years from delivery of the goods to the customer.
7.3 Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.
7.4 The consumer must notify the seller of the defect in the goods within two months of discovery.
8) Applicable law, competent court
8.1 If the customer acts as a consumer within the meaning of section 1.2, the law of the country in which the customer has his habitual residence applies to all legal relationships between the parties, to the exclusion of the United Nations Convention on Sales Contracts international movable property. The exclusive place of jurisdiction for all disputes arising from this contract is the customer's place of domicile.
8.2 If the customer acts as a trader within the meaning of point 1.2, the law of the country in which the seller has its registered office applies to all legal relationships between the parties, excluding the United Nations Convention on Contracts of Sale international movable property. The exclusive place of jurisdiction for all disputes arising from this contract is the place of the seller's registered office.
9) Alternative Dispute Resolution
9.1 The European Commission has set up a platform for online dispute resolution available at the following link: https://ec.europa.eu/consumers/odr.
This platform represents the point of reference for the out-of-court settlement of disputes arising from purchase and sale contracts or online services in which the consumer is involved.
9.2 The seller is neither legally obliged nor willing to participate in a dispute settlement procedure before a conciliation body.
10) Jurisprudence on used software
The European Court of Justice (ECJ), as the supreme judicial institution of the European Union, with its ruling has clarified definitively and declared that trade in used computer programs is fundamentally legal.
The ECJ also ruled that trading in second-hand software is permitted even if the software is transferred online.
On 17 July 2013, the Federal Court of Justice (BGH) then fully confirmed the fundamental decision of the Court of Justice regarding the underlying legal questions.
And the ECJ ruling also applies to volume licenses and their subdivision. This was confirmed by the Higher Regional Court Frankfurt am Main in proceedings between Adobe and usedSoft.
In their reasoning of the ruling, the 13 Grand Chamber judges clearly stated that the principle of exhaustion applies to any first sale of software. The ECJ has even established that in the case of licenses transferred online, the second purchaser can download the software again from the manufacturer: "Furthermore, the exhaustion of the distribution right extends to the copying of the program in the improved and updated version by the copyright holder" , said the ECJ. The Court of Justice has therefore gone much further than the conclusions of the Advocate General of the ECJ of 24 April 2012.