Before entering a purchase order, the Client must carefully read this document, which contains important provisions on rights and obligations.
By selecting the “CORRECT” box AT THE END OF THESE TERMS AND CONDITIONS OF USE ("Contract"), you ACCEPT TO BE BOUND BY THIS CONTRACT.
We suggest that you print a copy of this Contract.
The agreement regulates the use of the website www.jow-graphicdesign.it, including digital download of artworks, photographs, pictures, images or other pictorial works ("Works").
General Terms and Conditions of Sale
1. Description of the website and registered Clients/Users
2. Acceptance of the general terms and conditions of sale
3. Delivery of the products/works/digitized contents
4. Restrictions and limitations of use
5. Notice of copyright infringement claims and copyright J.O.W.
6. Purchase and payment methods
7. Methods for the exercise of the right of withdrawal
8. Exclusion of warranties and limitation of liability
9. Governing law and Place of jurisdiction
1. Description of the Website and registered Clients/Users
The Website offers only B2B on-line sales reserved for companies, enterprises, business operators and professionals (B2B = business-to-business transactions), for the digital download of artworks, photographs, pictures, images or other pictorial works illustrated in the relevant description and technical sheets. Moreover, the website is divided in two sections: one public and one private. The public section offers all visitors, among other things, general information on the website, the possibility of viewing the digital products on the Website and a search engine for the products that are on the Website. The private part is only accessible to registered B2B clients. The private section offers registered clients (in addition to all services available in the public section), the possibility to download products from the website, against payment of a price, in accordance with this applicable contract and the agreement Contents.
When a visitor of the website registers to become a registered Client/User, they must select an available username ("Username") and the relevant user password ("Subscription Password"), to create a User Account, and they must be in possession of a Vat registration number (VAT).
During the registration, it is possible to accept the default country (based on the IP address, from where the States access the website), but the reference language and currency are determined by the Website.
Article 21 of D.L. [Decree-Law] 78/2010 (as amended by article 2, subsection 6, of D.L. 16/2012), has introduced an obligation to notify the Revenue Office of all transactions that are relevant for Vat purposes (“spesometro”). This implies the necessity to request that clients enter their VAT REGISTRATION NUMBER (VAT) and TAX CODE in the relevant fields of the website.
It is strictly forbidden for a registered Client/User to enter false and/or imaginary and/or fantasy data when registering for the activation of the procedure relevant to the performance of this agreement and the relevant additional notices; all personal and fiscal data and the e-mail must be really your own, and not of third parties, or imaginary. It is expressly forbidden to make double registrations for one person/legal entity or enter data of third parties. The Website, Jow-graphicdesign, ("Studio Service S.r.l."), reserves the right to take legal action for any breach and abuse.
Requirements and obligations of registered Clients/Users
This website is protected by the applicable Italian laws on copyright. The registered Client/User undertakes not to access reserved areas if they are not the real and lawful owner of the access credentials. The registered Client/User shall strictly comply, in viewing the services offered by this Website, with the law, the public order and morality (including customary law), and the provisions of these Conditions of Use. Registered Clients/Users must keep the user-id and the password relevant to their User Account with due care and diligence, and in case of theft or loss, they must give timely notice and ask for their disablement. Failing such notice, all expressions of intent, actions and events that produce legal effects and that occur through their account shall be definitely ascribed to them.
2. Acceptance of the general terms and conditions of sale
By accessing and using this Site in any way, you declare that you have viewed and accepted these contractual terms and conditions and undertake to observe and comply with them. The same applies to any change that Jow-graphicdesign, ("Studio Service S.r.l.") might publish in the future (jointly with the "Terms and conditions").
If you do not agree with all articles contained in the General terms and conditions of sale, please do not access or use this website.
Jow-graphicdesign reserves the right to change the aforementioned terms without a prior notice. Your continuing access or use of the Site shall imply acceptance of the changes. Your access and use of the Site shall be subject to the current version of the General terms and conditions of sale and to the rules as published on the Site at the moment of it use. Please check the “General Information" link regularly on the home page of www.jow-graphicdesign.it to view the current General terms and conditions of sale. Should you fail to comply with the General terms and conditions of sale, you will be prevented from accessing and using the Site.
The services on the Site are available to, and may only be used by, individuals that have the capacity to stipulate legally binding agreements under the applicable laws.
The Website cannot be used by minors (for example, people below eighteen years of age) and can only be used under the supervision of a parent or an adult guardian, who will be liable for all uses of the website.
Jow-graphicdesign, ("Studio Service S.r.l."), reminds everyone, generally and unequivocally, that it will adopt a ZERO tolerance policy in any case of inadequate measures taken by third parties with respect to minors. Your registered Client/User account on the Site cannot be sold or assigned to another person or legal entity. For uses of the website on behalf of a legal entity, the user declares and guarantees that they have the necessary authority to bind that entity to this agreement.
3. Delivery of the products/works/ digitized contents
Registered Clients/Users may download the products/works/digitized contents from the Website in accordance with the general terms and conditions of sale of this Contract. By the electronic download of their purchase order, the Client/User declares that they have viewed and accepted these general conditions of sale for the contract.
It is forbidden to use, reproduce, distribute, view or create derived works based on the products/works/digitized contents appearing on the website unless this Agreement has been signed, and in this case only to the extent expressly permitted in accordance with the terms and conditions relevant to the item that has been downloaded and purchased.
For complete and accurate display and use of the original products/works/digitized contents downloaded (files), we suggest that suitable monitors be used (just by way of example, Apple, or any other with high-resolution graphics) and with Adobe Rgb profiles; also, we point out that the image quality is to be related to the print size.
The Site does not provide any warranty in this regard and we are not liable for any change in the file quality, if the registered Client /User tampers with or distorts it by altering its size excessively.
As a confirmation of the preceding paragraph, the Site gives the registered Client/User to download a partial, digitized sample of the file for the respective technical tests and from the moment that the registered Client/User downloads the entire file, finding that it conforms to the Client/User’s specifications, no subsequent complaints will be accepted.
4. Restrictions and limitations of use
The registered Client/User accepts that they may not use the Website in any way that is not permitted under this agreement or that is in breach of any law, regulation or statute in any jurisdiction.
No one shall attempt to obtain access if they are not authorized by the hardware or software systems or networks associated with the Site, or to obtain any service or information that is intentionally not available on or through the Website.
No one shall attempt to obtain unauthorized access to or interfere with the registered Account/User of any person or legal entity in the website.
The Site must not be used in a fraudulent manner.
It is strictly forbidden to make improper use of the products/works/digitized contents outside the provisions of this agreement, or to alter, remove or blacken any copyright notice, digital filigree, ownership statements or any other notices included in them.
5. Notice of copyright infringement claims and J.O.W. copyright
The Site does not permit activities in breach of the copyright and the infringement of intellectual property rights, as extensively provided for in Italy by the Ministry of Economic Development – Business and Internationalization Department – Directorate-General for Fight against Counterfeiting – Italian Patent and Trademark Office. It shall remove a product/work/digitized content only after being suitably informed and provided that such item breaches intellectual property rights.
The information is considered suitable – as provided for by the D.G.L.C. - U.I.B.M. (Directorate-General for Fight against Counterfeiting – Italian Patent And Trademark Office) – only if the notified document is drafted and submitted in writing and contains:
A physical or electronic signature, affixed on the document to be sent, by a person authorized to act on behalf of the owner of an exclusive right that is deemed to have been breached;
The identification of the work protected by the copyright that is considered to have been infringed, or, if more than one work protected by copyright are covered by one notification, by attaching a list representing such works in that site;
The identification of the material that is considered to have been breached or, if it is the object of unlawful activity, that is to be removed, or access to which must be disabled, giving all reasonably sufficient information to allow the Site to identify such material;
Reasonably sufficient information to allow the Site to contact the user, with address, telephone number and an email address, where available;
A statement or affidavit, unequivocally certifying the possession of all legal rights and that the use of the material is not authorized by the copyright owner or their agent, or under law;
A statement that the notification information is accurate and, under penalty of perjury and of legal actions, that the author has been authorized to act on behalf of the owner of an exclusive right that was allegedly breached.
The Person in Charge appointed by the Copyright Site to receive all notifications of alleged breaches is:
Studio Service S.r.l., Via Papa Giovanni XXIII, 41 – 41122 Modena (MO) – Italy;
We point out, for the sake of clarity, that only notifications with all the requirements under items a, b, c, d, e, f must be sent and shall be considered; any other feedbacks, comments, requests for technical support or other notices shall not be recognized.
5.1 Copyright J.O.W.
J.O.W. is a trademark owned by Studio Service S.r.l. (Registration no. 0001454430 – Ministry of Economic Development – Directorate-General for Fight against Counterfeiting – Italian Patent and Trademark Office).
The documentation, images, characters, artwork, graphics, software and other contents of the Site www.jow-graphicdesign.it, are the property of Studio Service S.r.l.
The material contained in the Website is protected by copyright: it is not permitted to use the Site contents or trademarks for any other purpose except for the one expressly mentioned. Reproduction, publication and distribution, in the whole or in part, of all and any original materials contained in this Site (including, for example and without limitation, texts, images, graphic renditions) are expressly forbidden without a written authorization.
6. Purchase and payment methods
A registered Client/User (B2B see art.1), buys the product with the characteristics illustrated on-line in the relevant description and technical sheets, at the price indicated therein.
Before entering the purchase order, the unit cost of each product selected is shown, along with the VAT and the total costs in the case of purchase of more than one products.
When a customer chooses buying:
A) Without exclusive: when a file HD is purchased without No Exclusive, automatically it may NOT be sold with the World Exclusive
There remains the possibility by the Studio Service srl., only if the nation is different to resell it with Area Exclusive.
B) With exclusive by country: valid 1-year purchase. If the first file HD is purchased with this option, the same file cannot be sold to the same nation and even the World Exclusive (for a year).
There remains the possibility by the Studio Service srl., only if the nation is different to resell it with Area Exclusive and or No Exclusive.
C) With worldwide exclusive (time): is valid for 2-years after purchase, past this deadline, the HD files can be re-sold in all modes.
D) Purchase original work of the artist (if possible).
Only with the purchase of the original graphicpicture /handicraft from which the file HD was obtained, the project may NOT be re-sold to anyone else (world exclusive final).
The price will be announced, on request to e-mail firstname.lastname@example.org
Once you accept the price, button is activated Forever Exclusive (mandatory selection) to complete the purchase online.
The work (original painting/material) will be sent to the customer attached the self-certification of the artist and its HD files on the site will be deleted.
None of the A-B-C-D rules applies to input flash and download free test.
None of the A-B-C-D rules applies to the use of low resolutions, prior to the purchase with exclusive.
A registered Client /User can pay by a Visa, MasterCard and American Express credit card.
If the registered Client /User intends to pay by credit card, they may have the payment processed through PayPal, which is suitable to ensure the confidentiality of all data provided by clients. For any information and additional Legal Agreements, please consult the site www.paypal.com. When the goods are purchased with payment through PayPal, upon the conclusion of the online transaction, PayPal will immediately charge the amount of the purchase. If the payment takes place through PayPal, an additional fee will apply on the total amount, which will be clearly displayed at the time that the payment method is selected
Once the purchase order and the payment/transaction confirmation have been entered, the registered Client/User will receive an email message from Studio Service S.r.l. Jow-graphicdesign, confirming receipt of the purchase order. The message will contain the information relevant to the main features of the purchased good, the detailed indication of the price, applicable taxes and means of payment as well as a reference to the general contractual conditions, the relevant information and the procedures displayed on the site. The relevant invoice will be enclosed therewith.
Following the approval of Decree-Law no. 223 of 4th July 2006, “Financial measures”, Art. 37 subsections 8 and 9, converted into Law 248 of 4th August 2006, come into force 12th August 2006, the obligation to notify the vendor and customer list in case of issue of an invoice has been reintroduced. This Decree, and the Decree-Law 78 of 31st May 2010, converted into Law 122 of 30th July 2010, require that clients communicate their VAT REGISTRATION NUMBER and TAX CODE in the proper fields of the site.
7. Procedures for the exercise of the right of withdrawal
The right of withdrawal can be exercised by a client that is also a consumer (the Consumer Code, Legislative decree no. 206/05, arts. 50 to 68, which governs distance contracts, stipulated away from business premises, grants the right of withdrawal, i.e. the possibility for the consumer to return the product bought and obtain the restitution of the relevant cost). This is a natural person that wishes to buy the goods for purposes not related to their own professional activity, or does not indicate a reference VAT number in the order form for the purchaser. In our site, however, this indication is mandatory, as the possibility to buy through the Site is reserved for businesses, enterprises, business operators and professionals, who must therefore have a VAT registration number (B2B, business-to-business commercial transactions), and who have registered on the site and have obtained a password for reserved access.
This right is exclusively reserved for consumers (natural persons, who buy goods for purposes not related to their professional, commercial or business activity); therefore, it cannot be exercised by legal persons, or by natural persons acting for purposes linked to the professional activity carried out, if any.
8. Exclusion of warranties and limitation of liability
The registered Client/User accepts that neither the Site nor J.O.W. or Studio Service S.r.l., or its affiliates, or their respective officers, managers, employees, owners, agents, representatives and licensees will be liable for any damages, be they direct, incidental, accidental, indirect or consequential, as may derive from any use of the Website on your part.
By selecting the “CORRECT” box in this contract, the registered Client/User declares that they have been informed and warned about these potential risks. No compensation may be requested for direct and/or indirect damages caused by the use or failure to use the service.
Save for the provisions in this contract, and for the sake of clarity, the registered Client/User relieves the Site, J.O.W. and Studio Service S.r.l. entirely from all and any civil and criminal liabilities as may derive from unlawful, improper or irregular use of the service, even caused by third parties, occurred through the Client’s system.
In no event shall the Site, J.O.W. and Studio Service S.r.l. be held liable for any malfunction in the service deriving from responsibilities of data transmission, telephone and electrical lines and of global or national networks, such as faults, overloading or interruptions.
The registered Client/user accepts that all information transmitted may be intercepted. The Site, J.O.W. and Studio Service S.r.l do not warrant that the Website, or the Servers that make the Site available, or the electronic notices sent from the site, will be free from viruses or other harmful components.
In no event shall the Site, J.O.W. and Studio Service S.r.l, be liable for any damages, be they direct, indirect, consequential, punitive, special or incidental (including, without limitation, loss of chance or commercial damages, loss of contracts, earnings, data, information, or interruptions of activities) resulting from the use, or impossibility to use the site.
THE SITE PROVIDES NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR SUITABILITY FOR A SPECIFIC USE, OR FREEDOM FROM INFRINGEMENT OF ANY COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY, OR OF ANY SERVICE OR WORK OR OTHER MATERIALS, NOR ARE THE CONTENTS WARRANTED free from viruses, worms, Trojan horses or other hostile, disruptive and/or destructive codes.
The registered Client/User waives in advance any claim against the Site, J.O.W. and Studio Service S.r.l., for damages incurred in consequence of the above.
9. APPLICABLE LAW AND PLACE OF JURISDICTION
This contract is governed by the Italian law. For any aspects that are not otherwise regulated, the Italian laws on this matter shall apply. For the resolution of civil and criminal disputes arising from the conclusion of this distance sale contract, if the client is a consumer (see art.7), that is, a natural person, who buys the goods for purposes not related to their professional activity, or does not indicate a VAT reference number in the order for a purchase, the territorial jurisdiction lies with the Court of the town where they have their residence. In all other cases, the sole territorial jurisdiction lies with the Court of Modena, where the company Studio Service S.r.l. has its registered office
In the event that a legal action should be decided in favor of Studio Service S.r.l., the plaintiff shall refund all costs to Studio Service S.r.l, including counsels’ fees and the costs incurred by Studio Service S.r.l. in defending the legal proceedings.
The provisions of the Italian laws in force shall apply to all aspects that are not expressly regulated in this contract.
Even though these general sales conditions may be drafted in other languages, the Italian text thereof shall be considered the only authentic text for the purposes of their interpretation.