Term & Conditions
1.The contract between us and the User:
The provision of services by, and relations with users of, MUMU S.r.l. with registered office in Milan, VAT no. 08252090967, Economic & Administrative Index (R.E.A.) no. 2013229, email address firstname.lastname@example.org, are governed by these Conditions of Sale (together referred to as the “Contract”).
Failure to observe the terms of this Contract and/or any of the clauses contained in it and/or other conditions of use contained in the various sections of the Websites, such as for example the Disclaimer, may result in the suspension and/or termination of access to the service without notice, subject to any further action that may be taken by MUMU S.r.l..
2. How to place an order:
(i) Select a premium subscription plan (e.g. 9 months) and click on “Subscribe”; (ii) click on “Pay $XX now using PayPal”; (iii) login, or create a new account if you do not already have one; (iv) the system will redirect you to the PayPal site to finalize the transaction; (v) once the transaction is finalized, a confirmation email will be sent to the email address you provided when you signed up; (vi) the next time you login, you will be a premium user; (vii) an invoice will be sent to you shortly afterward, again to the email address you provided when you signed up.
You may place orders online and carry out the above operations in the following languages: Italian and English.
The price to be paid by the user (the “Price”) is the price given in the shopping bag, which will also be sent to you in the email confirming the transaction. For users who are resident in the EU, the Price includes VAT at 22%.
For US users and other users ordering from outside the EU, the final price does not include VAT or local taxes. In this case, MUMU S.r.l. will not add any taxes to the final price, and the user must pay any taxes due to the respective authorities after executing the transaction using this service in his or her country. The product transferred as the end result of the service offered by MUMU S.r.l. is invoiced without applying Italian VAT, with the wording NON IMPONIBILE, ART. 8, LETT. A), D.P.R. 633/1972 (not taxable pursuant to article 8(A) of Decree of the President of the Republic no. 633 of 1972), and the file or service ordered is invoiced without applying Italian VAT, with the wording NON SOGGETTO IVA ART. 7 SEPTIES, LETT. i) D.P.R. 633/1972 (not subject to VAT pursuant to article 7 septies (i) of Decree of the President of the Republic no. 633 of 1972). These transactions are to all intents and purposes considered as exports from Italy.
MUMU S.r.l. reserves the right to modify the Price and the published specifications for any product or service. Should the Price or specifications published on the website for any product or service be found to be materially incorrect at the time of making an order for said products or services, then: (i) we will contact the user by email, informing him or her of the real Price or specifications; and (ii) we will ask the user to confirm their intention to purchase the products or services at the real Price or according to the real specifications. If appropriate, we will also specify for how long the offer or the Price will remain valid. If the user decides not to go ahead with the order at the real Price or according to the real product specifications, he or she will be refunded any sum that has already been paid.
4. Payment method
Payment for services and products ordered can be made through PayPal, using an accepted credit card or a PayPal account.
If the user is paying by credit card, he or she must provide the credit card details when making the order. The credit card will be charged when we send the email containing the transaction confirmation. We will not provide services or products until the company that issued the credit card has authorized the use of the card for payment for the products and/or services ordered.
The costs associated with accessing our Websites and downloading the products available on them depend exclusively on the user’s internet service provider. The user is therefore the only party that is required to consult the terms and conditions of the internet service provider used.
5. Execution of the Contract
The digital products and services that we make available on the Websites can be downloaded an unlimited number of times for up to six months after completing the transaction as described above. Certain products and services will be available as soon as the transaction is complete (e.g. purchasing premium membership), while others will be available after the time required to process the graphic files and, in any case, within an hour of completing the transaction. Our obligation to deliver the product shall be fulfilled when and where the user first receives the product in electronic form, i.e. at the time of the first download, or in physical form.
6. Refunds for products and services
The user is aware and acknowledges that the services provided by MUMU S.r.l., by means of the above mentioned Websites, even when geared toward obtaining products in electronic and/or physical form, are the provision of services and not the purchase and sale of products, considering the predominance of the work performed over the final article. It follows from this that the user only has the right to withdraw from the contract within 10 days of its conclusion (said conclusion coinciding with our sending of the email confirming the transaction, according to the procedure described above), in writing, by registered post with advice of receipt to the registered office of MUMU S.r.l. as specified above, unless execution of the provision of the service has already begun before the end of such 10-day term. It follows from this therefore that it will in no way be possible to return a product that has already been downloaded and/or physically received, in accordance with the accepted norms of fairness and good faith that also govern the right of withdrawal. If, by withdrawing, the user should incur unjust damage to MUMU S.r.l., this must be compensated.
This right of withdrawal is in any case expressly excluded by law:
- a) The provision of services the execution of which has begun, with the agreement of the consumer/user, before the end of the term of 10 days;
- b) The supply of goods that are made to measure or are clearly personalized or which, by their nature, cannot be returned or which risk deteriorating or altering rapidly;
- c) Other cases where the law provides for or in any case permits exclusion.
7. Responsibilities of MUMU S.r.l. and of the user
The user undertakes to:
- Enter all the information that may be required for the purposes of executing the contract, truthfully, correctly and completely, assuming responsibility for damages deriving from the inaccuracy of same;
- Access the Websites and use their services and products in full observance of the mandatory civil, criminal and administrative laws in Community, national and regional legislation, which are specified, for the purposes of example, by the Italian laws on the protection of personal information (Legislative Decree no. 196/2003 and as subsequently amended and supplemented), industrial property (Legislative Decree no. 30/2005 and as subsequently amended and supplemented), copyright (Royal Decree no. 633/1941 and as subsequently amended and supplemented) and electronic commerce (Legislative Decree no. 70/2003 and as subsequently amended and supplemented);
- Not use the Websites for illegal purposes or for purposes contrary to public order, decency and/or morals, and/or for transmitting or spreading in any way material that is illegal, pornographic, racist and/or in any case obscene, vulgar, or defamatory;
- Not transmit material and/or messages that encourage third parties to engage in illegal and/or criminal conduct that is liable to criminal or civil responsibility;
- Not engage in the sending of spam, chain letters or any other form of illegal communication and/or communication contrary to the rules of good digital citizenship;
- Not infect the Websites with viruses via email or other information technology instruments that could interfere with, damage, intercept or take over any system, data or personal information;
- Not undertake actions that give rise to an unreasonable burden or to an excessive processing load on the system of the Websites;
- Observe the Disclaimer and, in general, the intellectual and industrial property rights of MUMU S.r.l.
Without affecting the mandatory rights provided for by law, the products and services purchased on the Websites are provided “AS IS, IN FACT AND IN LAW” and use of the software is at the user’s sole risk. No further guarantee is offered over and above the mandatory rights provided for by law, with the express exclusion of any guarantee that is not mandatory, and this Contract is the only valid and effective agreement between the parties, with no validity being recognized for any differing commercial uses and/or procedures and/or practices.
MUMU S.r.l. offers no guarantee, explicit or implicit, of, and takes no responsibility for, the service and/or the products offered and/or characteristics thereof, or episodes of partial or total unavailability of the service and/or any different way in which it is provided. MUMU S.r.l. offers no guarantee of continuous, uninterrupted or secure access to the service, in the event various different agents and factors on the World Wide Web interact in such a way as to have an influence on the services.
8. Electronic communications
The user recognizes and accepts that by clicking on the “OK” button or similar at the time of making an order, he or she is making a legally binding offer, and consents to: (i) the use of electronic communications for the purposes of stipulating contracts and placing orders with us and (ii) the electronic delivery of notifications, information and documentation relating to transactions begun or completed online. The user has the right to withdraw his or her consent. In such case MUMU S.r.l. reserves the right to prevent the user from accessing its products and services. If the user does not consent to receiving notifications electronically, he or she should stop using our Websites. MUMU S.r.l. reserves the right, at its discretion and at any time, to modify, vary, add or remove part of the text of this Contract. The continuing use, after modifications are registered, of the Websites and of the operations geared to using the products and services offered shall be interpreted as the acceptance thereof.
For as long as the user continues to place orders with us online, he or she must ensure access to the necessary software and hardware to receive electronic documentation from us regarding the transactions that the user has begun or completed online.
9. Minimum requirements for download:
10. Applicable law:
This Contract, as well as the Disclaimer and other documents made available on the Websites and governing relations with users are all regulated by Italian law. Any and all disputes relating to the execution, interpretation and validity of this Contract, the Disclaimer and the other documents made available on the Websites and governing relations with users will be subject to the exclusive jurisdiction of the Court of Milan, Italy.
The user’s attention is drawn to the provisions of Legislative Decree no. 206 of 6 September 2005, Title III, Chapter I, Section II, regarding distance contracts with consumers.