1. DEFINITION AND OBJECT OF THE CONTRACT
1.1 - The Contract is concluded directly through the acceptance by Prestalia by GAN s.r.l. of a purchase proposal issued by the Customer by telephone or via the internet, on the website shop.prestalia.it (the "Site") and/or through other remote sales systems of Prestalia by GAN s.r.l., based on the methods described in the following article 3.
2. PRICES
The sales prices of the products illustrated on the Site and/or through any other remote selling systems of Prestalia by GAN s.r.l. are inclusive of Sammarinese taxes (they are not inclusive of VAT). The issuance of the invoice takes place within 30 days of delivery of the requested service as required by law, generally the issue takes place within the first ten days of the following month.
3. PURCHASE AND PAYMENT METHODS
3.1 - The Contract by telephone is finalized by notifying the Client (who has contacted Prestalia by GAN s.r.l. by telephone and formulated, on that occasion, a purchase proposal also providing the operator the data necessary for the registration procedure of one's name, the purchase order and the chosen payment method) that the proposal is accepted.
3.2 - In the case of purchase proposals sent via the Site, the Customer will receive from Prestalia by GAN s.r.l. a summary e-mail, with which he will be informed that his purchase proposal is being processed and will be considered accepted, unless otherwise communicated by e-mail or telephone sent by Prestalia by GAN s.r.l. within 3 (three) calendar days of receipt of the summary e-mail. Once this term has elapsed, the Internet Contract is to be considered completed.
3.3 - The Customer will be allowed to choose one of the following payment methods: any means of payment from time to time indicated as valid by Prestalia by GAN s.r.l. on the Site.
3.4 The purchase of our products and services is reserved for companies and/or freelancers with a regular VAT number / Operator Code which must be compulsorily provided during registration. Any orders placed from accounts without a VAT number will be cancelled.
4. DELIVERY OF PRODUCTS - LICENSES - CLAIMS
4.1 - Prestalia by GAN s.r.l. delivers the products to the address indicated by the Customer, for updates the packages will be sent via the ticket area made available.
4.2 - The licenses purchased are valid for a single site, installation, use or any other type of use on further sites is not permitted, even if owned by the same company. In the event of unauthorized installation, Prestalia reserves the right to block the licenses until the dispute is resolved amicably or legally.
4.3 - Any complaint concerning the purchase of a product can be forwarded to the reference address present in the description of the item being sold.
5. PRODUCT AVAILABILITY
Prestalia by GAN s.r.l. accepts the Customer's orders within the limits of the requested products existing and in production. In case a product is no longer in production and active, any form of assistance on the same will lapse.
6. GUARANTEES AND ASSISTANCE
For paid modules, assistance and updates are provided, where specified, in the case of new releases that the customer can request via email or via the ticket area.
The customer who installs and uses these modules on his site in production is required to test their operation and communicate any system anomalies within 30 days, which will be considered perfectly working.
The installation of a module or its update must be performed only after having carried out a security backup (in order to return to the pre-installation state) or on a test site (copy of the official site). In the event that incompatibilities or problems arise, the technician who manages the site must provide technical documentation or error logs indicating the problem related to the module. In the absence of this documentation, the assistance of Gan srl will not be able to provide further support and no type of intervention will be envisaged on the site or third-party server for the resolution of system problems or of the site itself. If the Prestashop installation is not standard (i.e. it does not comply with Prestashop standards and/or it has undergone changes or anomalies attributable to third-party add-on modules) no assistance can be provided.
For all modules purchased, ordinary assistance is provided for 90 days from their purchase and exclusively on the latest version of the module itself, no type of support will be given on obsolete versions of our modules, after this period the assistance will be paid or the update package will have to be purchased, where the latter is foreseen. The sale ends with the download of the product itself. For new downloads it is necessary to have an active subscription package.
- Ordinary assistance: all the assistance necessary to put the purchased module into operation, explanatory guides of the functions (where necessary) and response in our ticket area will be provided about usage.
- Extraordinary assistance: these are specific technical assistance on the customer's site, direct interventions on the site's code or the database, checks and explanations relating to the Prestashop code or the form, everything that does not fall within ordinary assistance.
- Updates: to get the update to the new versions of the modules it is necessary to have the zen 12 months option active, once the update package is received it is an obligation on the of the technician who will install the package make a security backup, in the absence of a backup Gan srl is not responsible for the impossibility of returning to the previous version of the system or for any incompatibility problems that may arise with other modules or packages installed in the site. More than 12 months after the purchase of the ZEN module or option, in order to obtain the updated module, it will be necessary to purchase a new license. To obtain the updated module you need to open a ticket on support.prestalia.it
- Domain change and license validity. Once a module has been purchased, it can only be used for the domain chosen during the purchase. If you decide to use it on a different domain, you need to purchase a license upgrade. Each license is valid only for one company shop. If it is installed in multishop mode, a dedicated license must be activated for each shop, even in the case of subfolders or third-level domains referring to a single domain such as for example: shop.domainname.it, domainname. en/shop2
Everything that is not specified in the product sheets will not be provided and requests will be managed with paid tickets.
No assistance or updates to new versions are provided for the free modules.
In the event that Paypal disputes or legal actions are opened against GAN srl, all existing assistance services and/or open processes will be blocked. We will be entitled to maintain or permanently interrupt the relationship following the resolution of the dispute and/or legal action against us.
6.1. HOSTING
Hosting and VPS services are provided through OVH Data Centers and the SLA (service level agreement) defines the terms of availability, responsibility and guarantee that Prestalia offers its customers and the reference for the provision of each service.
For server subscriptions, the datasheets of the products offered show the resources made available to the customer, both in the case of a shared server and a dedicated server. Unless otherwise indicated, the data backup service is to be understood as excluded and subject to payment. The availability rate (SLA % of uptime) is indicated in each product sheet of this site. In the event of downtime, reference will be made to this % on an annual basis of accessibility via the Internet to the infrastructure to calculate any refunds. Compensations are made by deducting the invoice for the following month (in the event of a deferred payment) or by extending the expiry date of the service by adding the period calculated in the above calculation. In any case, the compensation cannot be more than 1 month in total.
The server subscription plan is an annual fee in a single solution, as these are systems activated specifically at the request of the customer, in the event of early cancellation, no refund will be paid for the unused months. In case of cancellation, it must be sent 30 days in advance by email to info@prestalia.it, in case of non-sending it will be considered tacitly renewed for a further year and the customer will have to pay the renewal amount.
Failure to renew Hosting services on time: In the event of non-receipt of payment on a due date, andby midnight on the day of expiry, the services will be disabled. To restore the services, in addition to the renewal payment, 1 assistance ticket will be required. Within 7 days of the expiry of the service, it is possible to obtain a backup of the data and database by purchasing dedicated tickets which will be quantified based on the size of the data to be extracted. After 7 days from the deadline, all the data contained will be permanently removed from our systems and it will no longer be possible to recover them.
6.2 SUSPENSION OF THE HOSTING SERVICE
Prestalia reserves the right to immediately suspend the Server Service if it deems that the services and/or websites installed on the server could compromise the stability, security of the system and/or performs activities that violate the obligations set out in this contract.
Prestalia has the right to suspend, without notice, the provision of the service if the Customer is in arrears due to failure payment of the annual server fee.
The suspension or termination of the service will involve the destruction of the data present on the server, after 10 days from the date of suspension and/or termination of the service. No claim for damages can ever be made by the Customer against Prestalia following what is specified in the previous paragraphs.
6.3 SNIPERFAST SEARCH SERVICE
Prestalia reserves the right to request an adjustment of the cost of the subscription already subscribed if the monthly search requests exceed the threshold of 50,000. In the event of non-acceptance of the new conditions proposed, the service may be limited or suspended.
6.4 WITHDRAWAL OF SNIPERFAST SEARCH SERVICE
Periodic subscriptions activated pre-paid in advance are not refundable under any circumstances. As per Directive 2011/83/EU on consumer rights, Section II - Art.59, it is hereby made known that by purchasing a software product through a non-material medium, the user accepts the loss of the right to withdraw from the purchase.
7. CUSTOMER DUTIES
The Customer undertakes, to perform security backups before each installation, to verify the correct functioning of each feature of the modules installed on his site, regarding compatibility with his system or external systems, and undertakes to take charge of any problems relating to the sale of products on the site or disputes with customers or external service providers. Any problems cannot be traced back to the supply of the modules which, once installed and tested, will be the responsibility of the customer.
8. RIGHT OF WITHDRAWAL
8.1 - The sale is assisted by the guarantees for faults and defects established by law. To exercise this right, the customer must send a written communication within 10 working days from the date of receipt of the goods. The communication must be addressed, with prior warning, via email to the shop from which the purchase was made. The goods must then be returned at the Customer's care and expense within 10 days from the date of receipt of the goods, to the shop from which the purchase was made. The entire amount paid will be refunded (shipping costs excluded) after having ascertained the integrity of the goods.
8.2 - The Customer who intends to exercise the right of withdrawal must return the products to:
GAN s.r.l - Strada degli Angariari 25 - 47891 - Rovereta - Republic of San Marino
within 10 days of receipt of the products. Pursuant to article 55, second paragraph, of the Consumer Code.
The Customer will not have the right of withdrawal in the following cases:
- supply of audiovisual products or software sealed, opened or downloaded via download by the Customer without license activation;
- supply of made-to-measure or personalized products, or products which by their very nature cannot be returned or are likely to deteriorate or expire rapidly (e.g. cosmetics, flowers, foodstuffs);
- supply of newspapers, periodicals and magazines.
9.1 We inform you that your personal data, supplied and/or acquired subsequently, will be processed by Prestalia by GAN s.r.l., in Italy and abroad, through electronic and manual tools in compliance with the Code and current legislation on privacy.
Purpose of processing
The data collected is processed for the following purposes: a. subscribe to the service; b. conclude purchase and sale contracts and carry out their performance; c. carry out the fulfilments necessary to execute the contractual relationship in place; d. send commercial information, advertising, informative and promotional material, by any means (email, sms, etc.); And. carry out, also by telephone contact, market research, economic and statistical analyzes in order to verify the correct functioning of the services and their approval; f. process personalized information about the consumption habits and orientation of the interested parties; g. communicate the data to third-party companies for direct marketing purposes. The provision of data is mandatory for the conclusion of the purchase contract, optional in other cases. Failure to provide data will make it impossible to carry out the order.
Data retention
All acquired data cannot be used for other purposes than those indicated above and will be kept for the period necessary for their implementation. After this term, the data will be deleted or transformed into anonymous form. For detailed data on purchases and services, storage times will not exceed those established by current legislation.
Rights of the interested party
Your right to exercise the rights referred to in Article 7 remains unaffected ( Right of access to personal dataand other rights) of the Code, in particular: the right to access one's personal data, request rectification, updating and cancellation if incomplete, erroneous or collected in violation of current legislation, as well as to oppose their treatment for reasons legitimate, by sending a written request to the Regulatory and Institutional Compliance Department Prestalia by GAN s.r.l., or directly through the methods indicated on the site in the data access page.
Prestalia ensures that any request to rectify data will be executed within 30 days.
Data controller
The data controller is GAN s.r.l - Strada degli Angariari 25 - 47891 - Rovereta - Republic of San Marino
10. BILLING
Invoicing, if all company data is correctly filled in, is carried out within 20 days from the date of purchase. All invoices issued from 1 July 2022 are sent exclusively via PEC to the customer in PDF format and in electronic format to the San Marino Tax Office, which registers them. At the moment, electronic invoices for services are not forwarded to the Italian SDI system, therefore it will not be possible to view them in the tax drawer.
Registration of the invoice for services from San Marino is not bound to receipt of the original, authenticated paper invoice since it concerns a service and not a trade in goods. The authenticated original invoice is instead necessary in the case of the purchase of goods as a demonstration, in the event of checks, of the correct execution of the VAT exemption.
As reported in point 3.4, orders from private users who do not have a VAT number and/or Operator Code are not accepted.
11. JURISDICTION
Any dispute relating to the application, execution, interpretation and breach of the Contract will be the jurisdiction of the Court of San Marino.