1.1 - These General Conditions of Service (hereinafter referred to as the "Conditions") govern the general conditions of supply of the services indicated in the order form (hereinafter the "Order"), which jointly constitute the contract (hereinafter hereinafter "Contract") between EIW srls (hereinafter also the "Company") and the Advertiser identified in the Order who is not acting as a consumer.
2.1 - The "Pitteikon" service purchased by the Advertiser, based on the Order duly completed and signed, has as its object the online publication and promotion of works created or marketed by the Advertiser (hereinafter "Work / s"), which will be offered for sale on the e-commerce site www.Pitteikon.com ("Site").
2.2 - The Company undertakes to insert the Works on the aforementioned Site and to carry out, depending on the provisions of the Order, online promotion and advertising activities to promote their sale, in Italy and / or abroad.
3. Methods of execution of the Service
3.1 - For each Work indicated in the Order and that the Advertiser intends to promote online, the Parties undertake to operate as follows:
the Advertiser provides the Company with the image of the Work to be reproduced on the Site according to the agreed technical specifications;
the Advertiser can provide the Company with information on the Work to be included as a caption;
the Company will arrange for the online publication and promotion of the Work, under the conditions and terms indicated in the Order.
3.2 - The public sale price of each Work posted on the Site will be determined by the Advertiser.
3.3 - Each Work remains inserted on the Site www.Pitteikon.com until its sale and / or for the time agreed between the Company and the Advertiser, which cannot be less than three months. In the event of one or more extensions of the time of insertion of the Work, the online promotion service remains governed by these Conditions without any exclusion.
3.4 - For the purposes of promoting and advertising the Works via the Internet, the Company will use all the spaces deemed suitable (directories, circuits, platforms and sites) in Italy and abroad.
4.1 - The Advertiser pays the Company the consideration indicated in the Order, as a contribution to the expenses incurred for the insertion and management of the Work on the various platforms and for the promotion and advertising of the Work online in Italy and abroad, including the costs of translation into English.
5. Intellectual Property Rights
5.1 - The Parties retain ownership of all their respective intellectual property rights. The Advertiser grants the Company a non-exclusive and free license to use its distinctive signs, whether registered or not, and the image of the work / s, for the purpose of executing the Contract.
5.2 - Unless otherwise indicated in writing by the Advertiser, by signing the Order the Advertiser authorizes the Company, also pursuant to the GDPR (European Regulation 2016/679 on the protection of personal data), to use personal data and the distinctive signs (name, trademark and / or logo) of the Advertiser shown in the advertisement of the Advertiser's Work for the creation of case histories and to insert the same in the "portfolio" section of the Website.
5.3 - Unless previously authorized in writing by the Company, in no case the Advertiser may refer to the name, trademark / logo or other distinctive signs of the Company, for advertising communications, press releases or other types of promotional communications disseminated to the public and / or to its customers.
6. Guarantees and Indemnity
6.1 - The Advertiser declares and guarantees that it can legitimately dispose and / or is the owner of all rights, including copyright and intellectual property rights, connected to each Work provided to the Company for the purpose of reproduction, promotion and sale. of the Opera online and related advertising messages.
The Advertiser will hold harmless and will indemnify the Company from any liability and consequence arising from the violation of the above statements. The Advertiser also indemnifies the Company from any request for compensation, compensation, pecuniary sanctions of an administrative and / or criminal nature, which may be advanced by third parties and / or imposed, in relation to the Works included on the Site and the information provided.
6.2 - The Company declares and guarantees that it will perform the service in accordance with the ordinary diligence of industry standards. This art. 6.2 establishes the sole responsibility of the Company in relation to the guarantee for the services rendered.
6.3 - Except in the case of willful misconduct or gross negligence, in no case will a contracting party be liable to the other party for direct and / or indirect damages, loss of profit or loss of earnings.
7.1 - The Contract enters into force on the date on which the Company accepts and confirms the Contract (Order and General Conditions) signed by the online Advertiser or received in writing, also by means of .pdf sent via PEC, and lasts for the time publication of the Works on the Site www.Pitteikon.com.
8. Confidentiality - Protection of personal data
8.1 - The Contracting Parties undertake to keep all information they become aware of in relation to the Contract confidential.
8.2 - The Contracting Parties will process their respective data in accordance with the European Regulation 2016/679 (GDPR) and with the Legislative Decree 196/2003, Code regarding the protection of personal data, and subsequent amendments, and only for the execution of the Contract and related legal obligations.
9. Applicable law and competent court
9.1 - The Contract is governed by Italian law.
9.2 - For any dispute concerning the Contract, the Court of Milan will have exclusive jurisdiction with the express exclusion of any other competing or alternative court.
10. Final provisions
10.1 The Agreement constitutes the complete and definitive agreement between the Parties in relation to the subject of the same and replaces and incorporates all previous negotiations between the Parties.
10.2 Any additions or modifications with respect to the provisions of the Contract must be agreed in writing, under penalty of ineffectiveness.
10.3 It is expressly understood that different and / or additional and / or additional contractual terms and conditions to those contained in the Contract, possibly present in the general conditions of the Advertiser and / or in the Order and / or in any other documentation and / or communication coming from the Advertiser, will not bind the Company in any way without its express and specific written consent.
10.4 Any total or partial invalidity of one or more clauses of the Contract will not overwhelm the entire Contract, the remaining clauses contained therein or the residual part of the clause not affected by invalidity, which will therefore remain fully valid and effective. The articles of the Contract that are invalid or inapplicable will be replaced by other legally permitted clauses that will allow the Contract to be given a content as close as possible to that desired by the Parties.
10.5 The decision of one of the Parties not to assert a non-compliance by the other Party to any of the obligations under the Contract does not imply, nor can it be considered, a waiver of the obligation itself.