The Web site https://origamasmart.com/ and the attached Origama Smart portal (hereinafter the "Portal"), are managed by ORIGAMA SRL [CF AND VAT number: 05051290269], with headquarters in 31045 Motta di Livenza (TV), via Magnadola n. 3 (from now on also the "Supplier").
The offer and sale of the Portal services on our website are governed by the following General Conditions of the Service (hereinafter the "General Conditions").
1.1. In case of discrepancy, these General Conditions prevail over any general purchase conditions of the User.
1.2. If any provision contained in the General Conditions is found to be invalid, illegitimate, ineffective, or in any case not applicable, the remaining provisions contained in the General Conditions will remain fully in force and effect without changes.
2.1. These General Conditions must be carefully examined online by the User before completing the purchase procedure for the Service.
2.2. Following the online registration on the Portal, the choice of the Service (as better defined below in art.3) made by the User represents an offer addressed to Origama Srl, aimed at purchasing the services of the same Supplier, by these General Conditions. Therefore, by registering online and choosing the Service, the User confirms that he is aware of and accepts the General Conditions and that he has received further information, which can always be consulted on the site https://origamasmart.com/ and called up via links.
2.3. After registering online and choosing the Service, the User - once the payment of the Service has been made according to the following art. 4 - will receive a confirmation e-mail containing the details of the order itself (Order Confirmation).
2.4. The duration of the Service is one 1 month (or any other term indicated in the description of the Service).
2.5. At the monthly expiry of the Service (or any other term indicated in the description of the Service), the Service will be tacitly and automatically renewed, unless the User makes the withdrawal within 1 day before the expiry, according to the methods described in the following art. 10.3.
3.1 The Service provided by the Portal (hereinafter the "Service") allows the User, within the limits of the following art. 5, to obtain a subscription to:
3.2. The Service grants monthly subscriptions (or any different term indicated in the description of the Service) distinguished between private use and business use, with the proposal of various additional packages, based on the User's needs. Specifically, these packages allow you to add features or extra content or to implement or enhance the basic Service (by way of example and not limited to the number of Landing Pages, available storage space, elimination of the preload page).
3.3. The Landing Pages created by the User can be linked to a physical product (and read through an NFC tag) or be used as an online marketing tool and disseminated through Social Networks or other tools.
3.4. It should be noted that the Portal is not exclusively linked to the activity of Origama Srl, and it is and will be accessible to anyone who wants to register.
4.1. As foreseen by art. 2.3., To obtain the release of the Order Confirmation and the consequent possibility of using the Service, the User must pay the amount anticipated for the chosen subscription (with any additional package), which is the subject of the same Service (from now on then the "Price").
4.2. Origama Srl only accepts, as a method of payment of the Price, the use of Credit Cards of any circuit. The payment and the renewal of the subscription will be managed through the Stripe provider.
4.3. In case of automatic renewal pursuant to art. 2.5., The Provider will charge the Price with the same payment method used already chosen by the User at the time of the first purchase of the Service.
4.4. In the event that the automatic debit becomes impossible due to lack of coverage of funds or problems related to the User's credit card, the Service may be suspended, pursuant to the following art. 6.4.
4.5. In case of any price changes that will be applied for the renewal period, the Provider will inform the User in advance through the Portal. In this case, before the renewal, the User may deactivate the contract by notifying the Supplier in accordance with the provisions of the following art. 10.3.
5.1. The User is obliged to use the Service in compliance with the law, regulations and usages in force. Any non-compliant use constitutes a breach by the User and the same will be held solely responsible for the improper or illegal use of the Service.
5.2. the User is obliged to abide by the criteria of good faith and fairness in the use and enjoyment of the Service.
5.3. The User undertakes to:
5.4. In the event of failure to comply with the obligations referred to in the preceding paragraphs - in addition to the suspension of the Service, as better specified in the following article - the User will be solely liable for the violations committed, with the express exclusion of liability borne by the Supplier.
5.5. The User undertakes to carefully read the General Conditions and, once the online purchase procedure of the Service has been completed, to print and keep them - which he will have already viewed and accepted as an obligatory step in the purchase of the Service.
6.1. The Supplier reserves the right to interrupt the use of the Service - and this without acknowledgment of any refund, indemnity and / or compensation - if it becomes aware that the User has violated the provisions of the previous art 5, as well as current legislation (including EU Reg. No. 2016/679 - GDPR), notifying the User by e-mail.
6.2. The Supplier also reserves the right to suspend / interrupt the use of the service if it becomes aware or believes, at its sole discretion, that one of the following circumstances has occurred or is occurring:
6.3. The Supplier will evaluate the material deemed "doubtful" at its sole discretion and, after communicating via e-mail to the User for clarification, will decide on the suspension and / or interruption of the service. In any case, the Supplier reserves any action of recourse and / or compensation or in any case provided for by the law on the person responsible for said violations.
6.4. Further, the Supplier reserves the right to suspend the Service, in the event of non-payment of the Service chosen by the User during the automatic renewal, as anticipated by art. 4.4. With the aforementioned suspension, the Landing Pages created by the User will not be functional and the links referring to them will be redirected to the Portal site. Once the User has paid the Price, the suspension will cease and the Service will automatically resume.
6.5. The User acknowledges and acknowledges that the Provider may suspend the Service in order to maintain, update and modify the Service or enable new services, by notifying the User via the Portal and / or by giving prior notice by e-mail to the 'User.
7.1. Except as provided by the previous art. 6, the Supplier undertakes to maintain and guarantee the correct functioning of the Service.
7.2. The Supplier will provide technical assistance limited to the type of Service requested and / or the package purchased by the User.
7.3. The Supplier guarantees the security of particular (formerly sensitive) data referred to in art. 9 GDPR that will be registered in its database.
7.4. The Provider guarantees that the data entered by the User is sent to the server only and exclusively through SSL protocols better known as https protocols.
7.5. The Provider guarantees the security of the data collected from Users (eg newsletter subscriptions) who use its service and undertakes not to resell such data to third parties.
7.6. The Supplier will provide a space to be able to expose third parties who hold copyright if the User uses material created by other authors.
8.1 The User declares to be the sole owner of the data that will be entered and / or published on the Portal and in the Landing Pages created by him, assuming all responsibility for their content, with the Supplier expressly exempt from any liability.
8.2 Specifically - as indeed anticipated above by art. 5.4. - the Supplier cannot be held responsible for any violations or offenses committed by the User, by way of example listed in art. 5.3. It follows that the Supplier is not required to verify, monitor, control, modify any content or material posted by the Customer or by third parties on the Portal and on the Landing Pages.
8.3. If the Supplier is notified of an alleged copyright infringement, or the existence of illegal or violating material of public order, morality and morality, or material that is violent, vulgar, obscene and / or indecent, pornographic, dangerous for minors, offensive, racist, invasive of privacy, the Supplier's only obligation will be to inform the Customer of such allegations.
8.4. The Supplier is not liable to third parties for legal, civil or administrative disputes, damages of any kind.
8.5. Malfunctions of services, loss of data, accidental disclosure of personal or sensitive data, and any other type of damage occurring as a result of attacks by computer pirates, thieves, hackers, crackers, computer viruses, etc. are not attributable to the Supplier.
8.6. The Supplier is not responsible for the malfunction of the services due to non-compliance and / or obsolescence of the devices with which the User or third parties are equipped.
8.7. The Supplier cannot guarantee the Customer secure income deriving from the use of the Service.
8.8. Regarding the possibility for the User - referred to in point ii) of art. 3.1. - to create particular Certifications of authenticity inherent to the products contained in the Landing Pages, the Supplier is not liable for the lack of truthfulness or correspondence to the reality of these Certifications and the information contained therein.
8.9. In the event that, in the Landing Pages created, the User foresees contests of the type "You have won or lost" or similar contests or any prize draw, the Provider will not be liable to the User's customer for any fraud of the User himself or for non-recognition to the User's customer of the prize object of the competition.
8.10. However, the User undertakes to indemnify and keep the Supplier fully harmless from any claim and / or request, including for damages, proposed to the Supplier following the User's conduct.
9.1. The User agrees and agrees that the Supplier will in no case be held liable towards the User or third parties for the delay or failure to fulfill its obligations due to unforeseeable circumstances or force majeure such as, by way of example and not mandatory, actions by public authorities, floods, fires, thefts, explosions, accidents, epidemics and / or pandemics, strikes and lockouts, including non-company lockouts, acts of war, embargoes, inability to transport, suspensions or telecommunication problems, lightning strikes, systems not attributable to the Supplier, interruptions or overloads of energy flows, breakdowns or interruptions of telephone lines attributable to the activity of the operator (or concessionaire) of the same lines, as well as interruptions or suspensions not attributable to or in any case independent of the supplier's will or deriving from subjects third party suppliers of Origama Srl
10.1. The consumer User who, for whatever reason, is not satisfied with the purchase of the Service has the right to withdraw free of charge from the stipulated contract within the term of 14 working days starting from the day of receipt of the Order Confirmation, without incurring any penalty. . This right of withdrawal can only be exercised by consumer users. All purchases of Services made for purposes related to business or professional activity, or if a VAT number is entered in the appropriate order form, do not enjoy this right.
10.2. To exercise the right of withdrawal referred to in the previous paragraph, the Consumer User must, within the term indicated in art. 10.1, inform Origama S.r.l. of the desire to exercise this right by communicating via e-mail / pec to the following address: email@example.com . Following the control by Origama S.r.l. on the legitimacy of this withdrawal (by way of example, checking the User's qualification as a consumer, compliance with the 14-day deadline, etc.), Origama S.r.l. will refund the Price.
10.3. Outside of the withdrawal for consumer users referred to in art. 10.1., Any User may not renew the subscription subject to the Service - as anticipated in art. 2.5. - by clicking on the button "[Unsubscribe]" within 1 day before the deadline. In this case, it is clear that the amount already paid for the monthly subscription (or with any other term indicated in the description of the Service) in progress will not be refunded.
11.1. Origama S.r.l. si impegna a trattare gli eventuali dati personali di persone fisiche a cui avrà accesso o di cui verrà a conoscenza ai fini dell’esecuzione delle obbligazioni previste nel presente contratto, in conformità ai principi e alle norme del Reg. UE n. 2016/679 (GDPR) e del d.lgs. 30 giugno 2003, n. 196 (Codice in materia di protezione dei dati personali), così come modificato dal D.lgs. 101/2018 (di seguito il “Codice Privacy”). A tal fine, dichiara e riconosce di aver regolarmente eseguito tutte le formalità ed adempiuto a tutti gli obblighi previsti dal GDPR e dal Codice Privacy e dagli specifici provvedimenti dell’Autorità Garante per la protezione dei dati personali emanati in materia, osservando ogni misura di sicurezza idonea a garantire la riservatezza e la confidenzialità dei dati stessi.
11.2. Ai sensi e per gli effetti dell’art. 13 del Regolamento 2016/679/UE (GDPR), Origama S.r.l., Titolare del trattamento, informa l’Utente che i dati personali che vengono acquisiti nell’ambito del rapporto contrattuale saranno raccolti e trattati in forma cartacea e/o elettronica per le finalità connesse alla stipula e alla gestione dell’Ordine e della Conferma D’Ordine ovvero per dare esecuzione agli obblighi previsti dalla legge.
11.3. Il titolare del trattamento è la Origama S.r.l., i cui dati identificativi sono indicati nella Conferma d’Ordine. Per l’esercizio dei diritti sovra richiamati l’Utente dovrà darne comunicazione scritta all’indirizzo di posta certificata: . Il Titolare del trattamento provvederà a fornire tempestiva risposta alle richieste di esercizio dei diritti degli interessati
12.1. Any tax burden arising from the use of the Service by the User, including any taxes for advertising and / or marketing activities, are the sole responsibility of the User.
13.1. The User may not in any way and in any form assign to third parties, even partially, the contract with Origama S.r.l.
14.1. The General Conditions are governed by Italian law and, in particular, by the Civil Code, the Consumer Code, with specific reference to the legislation on distance contracts and by Legislative Decree 9 April 2003, n. 70 in the field of electronic commerce.
14.2 For any dispute arising from these general conditions of sale, in the case of a consumer user, the competent court is that of the place of residence or elective domicile of the consumer, mandatory pursuant to art. 33, co. 2, lett. u) and 66-bis of the Consumer Code. In any case, the establishment of the European platform for the online resolution of consumer disputes (ODR platform), grants the consumer user the opportunity to initiate an online dispute resolution procedure.
14.3. In the case of a non-consumer User, the jurisdiction of the Court of Treviso is agreed
Pursuant to and for the purposes of the provisions of Article 1341 of the Civil Code, the User clearly acknowledges that he has read, discussed, read and understood and expressly approved the following clauses of the General Conditions: