General Terms and Conditions of Service

Last update: 13th March 2020

These General Terms and Conditions of Service (for the sake of brevity including GTC) regulate the use of this website www.audieum.com and associated subdomains, as well as govern the purchase by electronic means of the Products presented on this website managed by Eupro S.r.l., Viale del Fante 8 – 97100 Ragusa (RG) – Italy, Tax Code and VAT number 01132810886, e-mail info@audieum.com, CEM eupro@keypec.it, Share Capital € 30,982.00.

These General Terms and Conditions form an integral and substantial part of the contract for the purchase of any Product/Service and the placing of an Order implies full acceptance by the Customer.

The purchase contract and the related procedures are available in English and Italian.

Art. 1 – Definitions

1.1. “Site” is the website www.audieum.com, dedicated to the online sale of the services marketed by Eupro S.r.l.

1.2. “Customer” is the subject (natural or legal person) who makes the purchase on the Site, accepting the general conditions of sale.

1.3. “Order” is the form for requesting the services offered for sale by Eupro S.r.l. and filled in by the Customer through the Site.

1.4. “Products/Services” means all digital Products (available for download) and Services that are provided for purchase and are governed by these GTC.

1.5. “Price” is the payment for the sale of the goods and services marketed by Eupro S.r.l.

1.6. “Working day” is any day of the week, with the exception of Saturday, Sunday and public holidays in accordance with the Italian law.

1.7. “Contract” is the distance contract for the sale of Products/Services, according to the GTC.

1.8. “Parties” are Eupro S.r.l. and the Customer.

Art. 2 – Sale of products

2.1. The Products/Services are offered for sale on the basis of the terms and conditions set out in the contract published on the Site at the time of the Order. By submitting the Purchase Order, the Customer acknowledges that he/she has examined, understood and accepted these GTC. To this end, the Customer is recommended to download, save or print the GTC in force at the time the Purchase Order is sent. In any case, the Customer shall be bound exclusively by the GTC in the text in force at the time of the purchase.

2.2. The contract is considered to be concluded and binding for the Parties when Eupro S.r.l. transmits its acceptance by means of an Order Confirmation to the e-mail address of the Customer, indicated by the Customer during registration on the Site.

2.3. Prices, Products and Services are subject to change without notice. Eupro S.r.l. reserves the right to change or update the Products and Services offered on the Site at any time, without notice. The Products and Services offered and their prices are valid until they are visible and available on the Site.

Art. 3 – Sale procedure

3.1. Each Product/Service selected by the user of the Site can be viewed on the web page that contains the description and highlights the unit price (including VAT to the extent determined by current legislation).

3.2. The Customer may choose the Product/Service of his/her preference.

3.3. The procedure is completed when the Customer selects the “Place Order” option on the Checkout page displayed at the end of the relevant procedure. It can be modified or cancelled before receiving the Order Confirmation sent by Eupro S.r.l. at the conclusion of the sales contract.

3.4. This Order Confirmation constitutes proof of the Customer’s acceptance to the provisions of these General Terms and Conditions.

3.5. The Customer is also given the opportunity to purchase the Products/Services by contacting the Customer Service at the e-mail address info@audieum.com.

3.6. Eupro S.r.l. shall have the right to either accept or reject the Orders received without the Customer being able, in the event of non-acceptance, to exercise any right or claim against Eupro S.r.l.. The Contract will be considered, in any case, completed when the Customer receives the Order Confirmation e-mail in his/her e-mail address.

3.7. In the event of partial availability, the Customer may request the cancellation of his/her reservation by calling the telephone number indicated at the email sent for the partial confirmation. The Customer will be offered the option of choosing between placing an Order for a different Product/Service or cancelling the entire Order. If the Client chooses to cancel the entire Order, the credit card will not be charged.

Art. 4 – Price and payment methods

4.1. The prices are expressed in Euro (€) and include the Value Added Tax (VAT) in force for the respective product categories.

4.2. Eupro S.r.l. reserves the right to change the prices of the Products/Services offered for sale on the Site at any time and without prior notice. The Customer will be charged for the prices published on the Site at the time the Order is placed by the Customer.

4.3. Eupro S.r.l. accepts only payments made through the Checkout page corresponding to the selected product.

4.4. Payment of the Price must be made at the time the Order is placed.

4.5. The shipment or the downloading of the Products/Services takes place exclusively after the verification of the payment by the Customer.

4.6. In the event that one or more Products/Services are not available, only the Price and the shipping costs concerning only the available Products/Services will be charged.

4.7. The tax invoice will be issued in an electronic format and forwarded to the exchange system of the Revenue Agency when applicable. A courtesy copy will be sent to the e-mail address provided by the Customer.

Art. 5 – Restrictions on the delivery of products and execution of services

5.1. Eupro S.r.l. will not process any Order, nor will it send any documents if it is impossible to identify the person who placed the Order, the recipient of the Products/Services ordered or the delivery address.

Art. 6 – Delivery times and methods

6.1. Delivery time of Products/Services: 5 working days from the confirmation of the order by Eupro s.r.l., the order will be taken care of within 24 hours from the time of payment. Eupro S.r.l. will do everything possible to deliver the Products to the Customer even before these deadlines.

6.2. In the event of problems or delays in delivery of more than 10 (ten) working days after the date indicated in the Order Confirmation e-mail, the Customers are requested to report the incident to Eupro S.r.l. using the e-mail address info@audieum.com.

Art. 7 – Force majeure

7.1. Eupro S.r.l. shall not be liable for any delay in the fulfilment of its obligations, pursuant to the contract, if such delay is caused by circumstances beyond its reasonable control. Eupro S.r.l., in case of delay due to force majeure, they shall be entitled to an extension of the terms necessary to fulfil these obligations.

Art. 8 – Right of withdrawal

8.1. Unless stated otherwise in the Checkout Page of the chosen Product/Service, for Products/Services that can be purchased from Eupro S.r.l. through the Site, the right of withdrawal is not allowed since it is the outcome of a professional service whose execution began with the express consent of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution by the professional, pursuant to and for the purposes of art. 59 paragraph 1 letter. a) of Legislative Decree 21/2014.

Art. 9 – Technical support and warranty

9.1 Eupro S.r.l. shall provide the Products/Services again in the following cases:

a) In case of Product/Service involving remote measurements, error in the measurement procedure, uploading of files, communication of the necessary data by the Customer. In this case, Eupro S.r.l. guarantees a new execution of the acoustic measurements for a maximum of 2 times before asking the Customer for additional costs.
b) Clear error in the instructions given to the Customer for the execution of the measurements.
c) Malfunctioning of the means of file exchange during uploading by the Customer or supplying of the Product/Service by Eupro S.r.l..

9.2. Eupro S.r.l. reserves the right to apply additional costs in the event that the Customer requests support for the interpretation of measurement results, support that can be configured as a customised consulting service, outside the scope of the standard services provided.

9.3. For any request, the Customer must contact the Customer Service, to be contacted by e-mail at the e-mail address info@audieum.com.

Art. 10 – Services

10.1. The Site allows Customers to use Services available on the website. Customers shall not use the services for the illegal aims.

10.2. Eupro S.r.l. may use certified payment systems, which also may have their commissions. Such commissions may be implied on the Customer when choosing a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.

Art. 11 – Prohibited Use and Intellectual Property

11.1. Eupro S.r.l. grants the Customers a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms. The Customer shall not use the Site for unlawful or prohibited purpose. The Customer may not use the Site in a way that may disable, damage, or interfere in the Site.

11.2. All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the “Content“). The Content is the property of Eupro S.r.l. or its contractors and protected by intellectual property laws that protect such rights. The Customers agree to use all copyright and other proprietary notices or restrictions contained in the Content and are prohibited from changing the Content.

11.3. The Customers may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. The Customers’ enjoyment of the Site shall not entitle them to make any illegal and disallowed use of the Content, and in particular shall not change proprietary rights or notices in the Content. The Customers shall use the Content only for your personal and non-commercial use. Eupro S.r.l. does not grant  any licenses to the intellectual property of Eupro S.r.l..

Art. 12 – Privacy

12.1. Our Privacy Policy is available here. Our Privacy Policy explains how we process information about the users of the Site. Users shall understand that through their use of the Site they acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

Art. 13 – Modification of the general terms and conditions of service

13.1. On the occasion of any modification to these GTC, Eupro S.r.l. shall promptly publish the modified GTC on the Site. The modified GTC shall become an integral and substantial part of the new Contracts, starting from the date of the first Order placed by the Customer, following their publication on the Site and the relevant e-mail of acceptance of the Order by Eupro S.r.l..

Art. 14 – Third Party Services

14.1. The Site may include links to other websites, applications, and platforms (hereinafter the “Linked Sites”).
Eupro S.r.l. does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. Eupro S.r.l. makes these links available to the Customer for providing the functionality or services on the Site. 

Art. 15 – The Company Materials

15.1. By posting, uploading, inputting, providing or submitting the Content, the Customers are granting Eupro S.r.l. to use their Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate Content.
 
15.2. No compensation shall be paid with regard to the use of Customers’ Content. Eupro S.r.l. shall have no obligation to publish or enjoy any Content Customers may send us and may remove this Content at any time.
 
15.3. By posting, uploading, inputting, providing or submitting Content the Customers warrant and represent that they own all of the rights to their Content.

Art. 16 – Disclaimer of Certain Liabilities

16.1. The information available via the Site may include typographical errors or inaccuracies. Eupro S.r.l. shall not be liable for these inaccuracies and errors.
 
16.2. Eupro S.r.l. makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. Eupro S.r.l. disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
 
16.3. To the maximum extent permitted by the applicable law, in no event shall Eupro S.r.l. be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
 
16.4. If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to the Customers.

Art. 17 – Indemnification

17.1. The Customers agree to indemnify, defend and hold harmless Eupro S.r.l., its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of their enjoyment of or inability to enjoy the Site or its services and Eupro S.r.l.’s services and products, their violation of the Terms or any rights of third parties, or violation of the applicable law. Eupro S.r.l. may assume the exclusive defense and the Customers shall cooperate with Eupro S.r.l. in asserting any available defenses.

Art. 18 – Termination and Access Restriction

18.1. Eupro S.r.l. may terminate the Customer’s access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.

Art. 19 – Applicable law and jurisdiction

19.1. The contract shall be governed by and construed in accordance with the laws of Italy.

19.2. Any dispute arising from the contract or related to it shall be settled by the Court of Ragusa.

19.3. The Customers shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.

Art. 20 – Miscellaneous

20.1. No joint venture, partnership, employment, or agency relationship shall be implied between the Customer and Eupro S.r.l. as a result of the GTC of the Site.
 
20.2. Nothing in the GTC shall be a derogation of Eupro S.r.l.’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding the Customer’s enjoyment of the Site.
 
20.3. If any part of the GTC is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the GTC and other parts and sections of the GTC shall be applicable to the Customer and Eupro S.r.l..
 
20.4. The GTC constitute the entire agreement between the the Parties regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and Eupro S.r.l..
 
20.5. In case of controversies, demands, claims, disputes, or causes of action between Eupro S.r.l. and the Customer relating to the Site or other related issues, or the Terms, the Parties agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where Eupro S.r.l. is set up.

Art. 21 – Communications And Complaints

21.1. Eupro S.r.l. welcome comments or questions about the GTC. Customers can make contact through the email address info@audieum.com.

21.2. All communications between the Parties must be made in writing and sent to the address of the other party indicated in the contract and in the Order. Communications sent in writing shall also be deemed to have been sent to the e-mail address of the other party, indicated on the Site and in the Order.

21.3. Eupro S.r.l. are committed to resolve any complaints about the collection or use of the Customer’s personal data. If the Customer would like to make a complaint regarding this GTC or practices in relation to personal data, please make contact he email address info@audieum.com. Eupro S.r.l. will reply to your complaint as soon as possible in any event, within 30 days. Eupro S.r.l. hope to resolve any complaint brought to attention, however if the Customer feels that the complaint has not been adequately resolved, the Customer reserve the right to contact his/her local data protection supervisory authority.

Art. 22 – Language

22.1. The sales contract is drawn up in English and Italian.