General Conditions of Use

 

This document describes the General Conditions of Use (hereafter "Conditions") of the website www.everydayforfuture.it (hereinafter "Site"), owned by AllMyFy S.r.l., with registered office in Via Mattei No. 14, 20005-Pogliano Milanese (MI), and supplied by the latter for information and consultation purposes, for purchasing products under the terms and conditions set out in these general conditions which are signed together with the Purchase Order and together constitute the contract between AllMyFy and the buyer.

Accessing and using the site, purchasing products and browsing its web pages imply acceptance by the user, without limitations or reservations, of these Conditions and the Privacy Policy displayed on the site. The user must refrain from using the site if they do not intend to abide by these Conditions.

Should the provisions of any other policy of AllMyFy S.r.l. (hereinafter "AllMyFy") conflict with these Conditions, the latter will prevail.

AllMyFy reserves the right to change the General Conditions at any time. The changes will be valid and effective from the time they are published. The User is therefore required to consult these Conditions each time they access the site, since use of the site after such changes implies full and unconditional acceptance of the Conditions, as modified.

The conditions relating to e-commerce are regulated by the document "General Conditions of Sale". In any case, these site browsing conditions remain valid.

 

Requirements for using the site

Access to the site is reserved for users aged 18 or over. If the user is between 16 and 18 years of age, they must read the Conditions in the presence of a parent or guardian to ensure they fully understand the terms of the responsibilities deriving from use of the site.

AllMyFy reserves the right not to accept users who enter false, misleading and inaccurate data, or who in any way violate these Conditions of Use of the Site or the company's interests, with the right, at its sole discretion, to remove them from the Site at any time and block any future access.

 

Site use

The site allows the user to take advantage of the following services:

• simple browsing;
• sending requests/CVs;
• use of the e-commerce platform.

Users undertake:

• Not to download and/or print the content available on the site for exclusively personal and commercial purposes;
• Not to breach systems to limit or prevent access to the site or content
• Not to breach site protection systems or attempt to access them, the content, the network or connected computers in an unauthorised manner by hacking, misappropriating passwords or any other means
• Not to interfere or attempt to interfere with the site's proper functioning or with any activity conducted on or through it, including access to content before it is published
• Not to insert content or images that contain false or misleading information or that in themselves constitute illegal activities or instigations of illegal activities;
• Not to insert content or images that violate the protection of personal data or third-party copyrights, intellectual or industrial property rights, as well as third-party rights to image, name, honour and reputation;
• Not to send or post unsolicited or unwanted communications or emails, contact, make phone calls or send unwanted faxes, to promote and/or advertise products or services to Users;
• sell, promote or advertise products or services of any kind;
• publish requests that require people to report membership of a political party or religion, race or ethnicity, religious or philosophical beliefs, membership and participation in trade unions, health status, sex life or age.

Except as expressly permitted, under no circumstances may the content be modified, reproduced, transmitted, published or redistributed in any form, format or medium, or by means of any technology, mechanisms or automated processes.

The User accepts and acknowledges that they have no ownership or copyright of the content included on the Site and that this content and material may be cancelled or removed by AllMyFy at any time where contrary to the company's unquestionable judgment, these Conditions of Use or laws and regulations in force in the various countries of use or intellectual property rights or other third-party rights, and the User may be cancelled or have any access blocked, interrupted and refused, without being able to claim anything.

Users are informed that the security breaches listed give rise to civil and/or criminal liability. AllMyFy will be free to investigate these violations and will be able to cooperate freely with the competent authorities, in order to prosecute the users responsible for these violations.

 

Site access

The site is made available free of charge.

Access to the site is to be considered temporary. AllMyFy reserves the right to modify or interrupt dissemination of the content or to suspend, interrupt or modify all or part of the Site without notice.

In compliance with applicable law, AllMyFy reserves the right to suspend or interrupt access to the site irreversibly and bindingly, without notice, in the event of a breach of these Conditions and/or AllMyFy's industrial and intellectual property rights, and for any other behaviour deemed harmful to the latter or other end users.

The company also reserves the right to delete the User's dedicated page and any information relating thereto following inactivity or non-use of the Site for a significant duration.

 

Exclusion of warranty and limitation of liability

Within the limits permitted by law, AllMyFy does not issue any guarantee, tacit or expressed, with regard to the site or materials. These are provided in the state they are in, "as such" and "according to availability".

Furthermore, AllMyFy does not issue any guarantee regarding the availability and functioning of the Website or the absence of faults, nor does it guarantee that the information on the Website, or on other sites linked to it, is accurate, complete or updated.

In any case, AllMyFy shall not be liable to the user if, for any reason, the site is unavailable, suspended or interrupted, in whole or in part.

AllMyFy accepts no liability for damage or harm suffered in any way by users as a result of accessing, using or downloading, for any reason, any material present on the Site, including loss of data, loss of income or profit, property loss or damage, third-party complaints, loss caused by reliance on content, or for errors, omissions, interruptions, incorrect communications, defects, viruses, trojans, delays in operation or transmission or any other performance problem, for theft, destruction or unauthorised access or loss of any kind related to the use of the Website.

The user expressly accepts that they use the Website at their own risk, therefore they declare to indemnify AllMyFy, its affiliates, subsidiaries, parent companies and associates, as well as the company's employees and collaborators, from any complaint, claim and action taken and from any damage, liability, costs and expenses, including legal fees, relating to or arising from the use of the website, as well as the user's violation of the Terms of Use and other third-party rights.

The user shall assume the full cost of any maintenance, repair or correction that may be necessary due to the presence of viruses, any harmful component, errors or other problems deriving from browsing the site.

Industrial and intellectual property rights

The site contains information covered by property rights and materials, including graphics, user interfaces, texts, images, icons, videos, as well as the scripts and software used to perform the service, which come under the exclusive ownership and property of AllMyFy or for which the company has suitable licences for use, and are protected by intellectual property laws. The user may only use the site's software and content for information purposes.

Users accept and acknowledge that no content on the site is licensed by AllMyFy and that they do not own it. AllMyFy retains full ownership of the site's content and all the intellectual property rights related thereto, protected under the applicable intellectual property law and other provisions, including, but not limited to, copyright.

Unauthorised use of the Site's content is expressly prohibited. In addition, it may constitute a violation of industrial and intellectual property laws.  

Other provisions

If a provision of these Conditions is deemed illegal, null or ineffective, its invalidity and/or ineffectiveness will not affect the remaining provisions and the Conditions of use in their entirety, which will remain fully valid and effective.

 

Privacy

Any personal data sent by users to AllMyFy, using electronic tools, will be treated in full compliance with applicable laws and the information on the processing of personal data provided (see Privacy Policy).

 

Applicable law and place of jurisdiction

Without prejudice to any rights enjoyed by users by virtue of different national or international regulations, these Conditions will be subject to Italian law and will be interpreted in accordance therewith.

Any dispute that may arise in relation to these Conditions, including those concerning their interpretation, execution, violation, existence, validity and effectiveness and any other agreement that refers to them, will be devolved to the exclusive jurisdiction of the Court of Milan, except in cases of mandatory territorial jurisdiction, determined on the basis of the User's residence or domicile in accordance with Legislative Decree No. 206/2005. By virtue of the application of Italian law, in the event of any conflict of interpretation between the Italian version and the English version of these General Conditions of Use, the Italian version will prevail.

Contact

AllMyFy S.r.l.

Registered office: Via Mattei No. 14

20005 - Pogliano Milanese (MI)

VAT number: 10397480962

email: info@allmyfy.com

 

GENERAL CONDITIONS OF SALE

Premises

1.1. These General Conditions govern the sale of "ALLMYFY" products, as better described in general in Article 3 below (hereinafter the "Products"), by ALLMYFY with registered office in 20005-Pogliano Milanese (MI), Via Mattei No. 14 (hereinafter referred to as "AllMyFy" or the "Seller") through the website www.everydayforfuture.it (hereinafter the "Site").

1.2. The subject of this contract is the supply of the Products to the Buyer under the terms and conditions of these general conditions, which are signed together with the Purchase Order and together constitute the contract between ALLMYFY and the Buyer, who declares to know and accept it in full (hereinafter the "Contract").

Before purchasing the Products, we invite you to read and fully accept these General Conditions of Contract and the information on the Products available on the Site, without accepting which it will not be possible to sell the Products, and to read about and consent to the processing of personal data, where requested, information on which is also published on the Site on the page www.everydayforfuture.it.

1.3. The Products can, in general, be purchased by completing the request and registration online on the Site www.everydayforfuture.it.  

Who can purchase "ALLMYFY" Products – Buyers

2.1. The Recipients of the Products can only be people of legal age, who are defined as consumers (i.e. natural persons who act for purposes unrelated to their commercial, entrepreneurial or professional activity) (hereinafter the "Buyer" or "Buyers"). If, nevertheless, a minor purchases the Products declaring to be of age, AllMyFy cannot in any way be held responsible for this.

2.2. At the moment it is also necessary for the Buyer to be resident or domiciled in an EU country. Some optional features may also only be available in a more limited number of countries.

Product information, presentation and price

3.1. All the information on the essential characteristics of the Products is also provided on the Site. The Product is supplied after the Buyer activates the Contract in the ways and terms established below.

3.2. The prices of the Products are given in euros and include VAT. Shipping costs are excluded, unless expressly stated otherwise. The prices indicated on the Site may be subject to updates, therefore we ask you to check the final sale price before submitting the relevant Purchase Order.

3.3 It should be noted that Product prices never includes the costs for the phone operator and phone, data or internet connection chosen by the Buyer, which will be charged to the Buyer by the operator, without any intervention or responsibility from AllMyFy. In any case, the connection costs will be payable to the relative operator without any intermediation or additional costs from AllMyFy, which will directly charge the Buyer only the costs relating to the Product.

Product purchase

4.1. The Buyer can conclude the purchase contract for the Product on the site www.everydayforfuture.it by fully completing the Purchase Order and sending it electronically, indicating, if required, the payment method chosen from among those available.

4.2. During registration, it will be necessary to provide some personal data: first name, surname, address, city, province, country, postcode, mobile phone number, email address and tax code (in the case of an invoice request).

It will also be necessary for the Buyer to: (i) read and accept these General Conditions of Contract and (ii) read the information about processing personal data. The conditions of use of the Products are considered accepted by the Buyer: (i) if confirmed by pressing the order button for online purchase.

4.3. After completing the Purchase Order electronically, the Buyer will be asked to pay for the order at the same time, as it is not possible to place orders and defer payment to a later date. The Buyer will receive a purchase receipt upon payment of the order. Shipping takes place only after regular registration of the payment and in any case within 30 days of receipt of the Purchase Order. When Products belonging to distinct product categories are purchased through a single order, the Products may be delivered at different times.

4.4. All the Products available on the Site are guaranteed for conformity defects which occur within two years of delivery.

4.5. AllMyFy will in any case be free not to give effect to the contract, not to fulfil or to suspend or interrupt the Product at any time, if any payments for the Product due from the Buyer do not reach AllMyFy before the Product is shipped, as well as in the cases specified in these general conditions. If the Buyer receives error messages and is unable to complete the order, they can contact AllMyFy Customer Service in the manner indicated on the Site.

Method of selling the Products

5.1. The Purchase Order will be processed by AllMyFy within 4 (four) working days following receipt of payment. AllMyFy will be in no way responsible for any activation delays due to the providers' responsibility, lack of internet or phone connectivity or delays or inefficiencies of the carriers it uses, or for any reasons beyond its control. The Products will only be sold and shipped after regular registration of the Purchase Order.

5.2. The Purchase Order consists of a form where the user must indicate the personal data necessary for delivery and select the chosen means of payment. The Purchase Order also contains a summary of the products ordered and the relative price (including VAT), the means of payment available to purchase each Product, the delivery methods for the Products, and the shipping costs.

 

5.3 Before confirming the request to purchase the Products by sending the Purchase Order, the Buyer can carefully read the information contained therein in order to correct any errors or omissions (as well as print or save a copy).

5.4 The purchase receipt of the order will be filed in AllMyFy's database for the period of time necessary to process the orders (and in any case in accordance with the law). The Buyer has the right to access their Purchase Order at any time, to monitor its status by logging on to the Site and accessing the "My Orders" section on their personal page.

5.5. We recommend the utmost caution in the use of your credentials: the Buyer will in general have the choice to save their username and/or password. AllMyFy assumes no responsibility for data provided by the Buyer being lost, or for access to the Buyer's sensitive data in any case of loss, theft, destruction or non-safekeeping of their phone, smartphone, tablet or computer or loss, theft or non-safekeeping of the Customer's login credentials due to the actions or fault of the Buyer or third parties which the Buyer has allowed, voluntarily or not, to access the above.

5.6. The contract is concluded when the Seller receives the Buyer's Purchase Order electronically, and agrees to proceed with the sales process after verifying that the data relating to their order is correct.

5.7 The Seller may not process the purchase request for the Products and the Purchase Order: (i) if the data provided is incomplete, wrong or incorrect and/or does not give sufficient guarantees of solvency (ii) in the case of even temporary Product unavailability. In these cases AllMyFy, within thirty days from receiving your Purchase Order, will inform you by email that the contract is not concluded, indicating the reasons. The Seller will refund the amount paid by the Buyer, including shipping costs.

Payment methods

6.1 The Products can be paid for in one of the following ways:

1. A) Credit and prepaid cards (Visa, Mastercard, American Express);
2. B) PayPal.

6.2 For payment by credit card (e.g. Visa and Mastercard), the financial data (such as credit/debit card number or expiry date) will be forwarded, via an encrypted protocol, to the credit institution in question. This information will only be used by the Seller to complete the purchase procedures and issue any refunds, or if it is necessary to prevent the commission of fraud or report it to the police. The price for purchasing the Products and the shipping costs, as indicated in the Purchase Order, will be charged to the Buyer at the time of purchasing the purchased Products.

6.3 For a purchase by PayPal, after completing the purchase order, you will automatically be directed to the PayPal login page. In this way, the order amount will be debited from your PayPal account once AllMyFy has received the order. For each transaction made with your PayPal account, you will receive a confirmation email from PayPal.

Right of withdrawal

7.1. The Buyer has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) working days from the day they receive the Products purchased from the Site.

7.2. To exercise any right of withdrawal from the contract, the Buyer must send an email containing their data necessary for correct identification (personal data and username used for the purchase) with the request to withdraw from the contract to info@allmyfy.com, with the completed RETURN FORM and the related accounting document. AllMyFy will verify that the terms and conditions indicated above have been correctly fulfilled and, if these checks have a positive outcome, will email the Buyer the relative confirmation that the withdrawal is accepted and will refund the sums within 30 (thirty) days from verifying the correctness of the withdrawal, in compliance with the conditions specified more clearly in Article 8 below.

7.3 The shipping costs for the returned products are the Buyer's responsibility, including liability if the Products are lost or damaged.

Withdrawal conditions

8.1 The right of withdrawal, as well as complying with the terms and procedures described in Article 7 above, is considered validly exercised if the following conditions are also met:

8.2 The RETURN FORM must be fully completed and sent together with the relative accounting document within fourteen (14) working days from the date of receipt of the Products, by email to the address (info@allmyfy.com), followed by confirmation by registered letter with acknowledgement of receipt within the forty-eight (48) successive hours sent to ALLMYFY SRL Via Mattei 14, postcode 20005, Pogliano Milanese.

8.3 The Products must also comply with the following conditions:

• the packages and contents must not have been opened, used or damaged;
• the single-use/guarantee seal must still be attached to the Products;
• they must be returned in intact packaging, with intact, original and complete packaging and contents;

8.4. If the above conditions are not met, the withdrawal cannot be considered valid and the Seller cannot proceed with the withdrawal and reimbursement of the amounts already paid to the Seller.

Force majeure

9.1 AllMyFy cannot be held responsible and will be relieved of any contractual obligation to sell, deliver or collect the Product and will not be required to pay any indemnity in the event of causes not attributable to AllMyFy itself or force majeure events that prevent its obligations being fulfilled, such as, by way of example: riots, insurrections, wars, natural disasters, nuclear explosions, acts of terrorism, social unrest, telephone or computer failures or serious damage to internet security and operations, strikes and impossibility or serious difficulty in supplying (even temporarily) the Product or materials.

9.2 AllMyFy reserves the right to modify, limit or end the Site's existence and functionality at any time.

Guarantees

10.1. The Buyer acknowledges and accepts that the images of the Products on the Site may not correspond to reality due to the effect of the internet browser and/or monitor or other environmental functions or situations.

10.2. All Products are guaranteed for conformity defects that occur within two years of delivery, and this right can be exercised by emailing (info@allmyfy.com), after reporting any defects found in the Products.

10.3. The right to request the guarantee must be effected by sending the relevant form together with the Product, the original packaging and the accounting documents.

10.4 AllMyFy reserves the right to verify the existence and accuracy of the reported defect, and only then to carry out repair or replacement. If, following this verification, the defect does not represent a lack of conformity, the Seller reserves the right to charge the Customer the costs of verification, restoration and transport.

Complaints and dispute resolution

11.1. AllMyFy may adapt these conditions of use at any time: by way of example and without limitation, for the purpose of adapting to the law or adapting to modified functions. The valid conditions of use are in any case available on the Site.

11.2. Any complaints can be sent to the Seller at AllMyFy, Pogliano Milanese, Via Mattei 14, postcode 20005, or via email to info@allmyfy.com, including "complaint" in the subject line.

11.3. For customers domiciled in Italy, the provisions of Legislative Decree No. 206 of 6 September 2005 apply to these general conditions of contract, as well as those in the aforementioned Legislative Decree from the legislation on distance contracts (Articles 50 to 61) and from Legislative Decree No. 70 of 9 April 2003 on electronic commerce. In the event of disputes between AllMyFy and the Buyer arising from the General Conditions of Contract, AllMyFy declares to adhere to the online settlement method "Risolvi Online" ["Resolve Online"] provided by the Arbitration Chamber of the Milan Chamber of Commerce. For information or to send a request for conciliation, you can access the site www.risolvionline.com. The Buyer is in any case free to apply to the competent judge at their residence or domicile.

ALLMYFY's intellectual property rights

12.1. AllMyFy holds all the rights to the trademarks and distinctive signs it owns, all copyrights and all other rights relating to the Products and the contents, information, images, videos and databases contained therein. Modification, reproduction, publication and transfer to third parties or other uses of AllMyFy's intellectual property without its prior written consent are expressly prohibited.

Site use and security

13.1 It is prohibited to violate or attempt to violate the security measures on the Site, including without limitation:

• Using a false password or one belonging to another user or accessing data not intended for the user or accessing a server or account the Buyer is not authorised for;
• Disclosing a password or allowing third parties to use a password or failing to communicate when a password is fraudulent;
• Attempting to/or stealing, examining or testing the vulnerability of the system or network or violating security or authentication measures without proper authorisation;
• Attempting to/or interfering with the Products directed to any user, host or network, including, without limitation, by "overloading", "flooding", "mail bombing" or "crashing";
• Sending unsolicited emails, including promotions and/or advertising for products or Products;
• Cloning/counterfeiting any TCP/IP header or any part of the header information, in any email or newsgroup, or
• Hijacking all or part of the Site's content, deleting or modifying any Site content, distributing pop-up messages or advertisements, performing or displaying this Site or any Site content in frames or by similar means on another site, or making a link to the Site or to any page within the Site, without our specific written permission.

13.2. The Buyer agrees to use the Site only for lawful purposes, and only for their own personal use. It is forbidden to use the Site to transmit, send, download, distribute, copy, publicly display, store or destroy material (a) in violation of any applicable law or regulation, (b) in such a way as to violate copyright, patents, trademarks, trade secrets or other intellectual property rights of others or to violate the privacy or advertising or other personal rights of third parties, or (c) which is defamatory, obscene, offensive, threatening, racist or hateful.

13.3. The Buyer agrees to indemnify and hold AllMyFy harmless from and against any complaint, claim for damage, cost and expense, including legal fees, arising out of or related to use of the Site by the Buyer themselves or by third parties.

Site use and security

14.1. The Contract will be automatically terminated, with consequent interruption to Product shipping or delivery, as well as in the case of violation of the obligations referred to in Article 13 above, if prohibited and/or fraudulent behaviour is discovered. AllMyFy reserves the right to carry out random or targeted checks aimed at discovering any prohibited and/or fraudulent behaviour. Prohibited behaviours: frequently entering clearly impossible measurements or those for the sole purpose of testing and learning the Product's characteristics, entering data relating to several people, using automatic IT systems to repeatedly send measurements, attempts to sabotage AllMyFy's IT system, or abusive attempts to access it. If one or more of these cases emerge from the above checks, AllMyFy may at its sole discretion immediately terminate the Contract by giving the Buyer written notice by email, SMS (or registered letter if the Buyer has not provided an email address or mobile phone number), or contacting the Buyer in advance to ask them to desist from such behaviour via messages in the customer area, email, SMS, phone call, letter and subsequently, if the behaviour does not cease, exercising the right of termination.

AllMyFy will in any case confirm the definitive termination of the Contract by email (or registered letter) sent to the address the Buyer provided at the time of the Order, which the Buyer undertakes to keep up-to-date by promptly notifying AllMyFy of any changes.

14.2. With the termination of the Contract, nothing will be due to the Buyer, without prejudice to AllMyFy's right to compensation for further damage.

14.3. If any of the provisions of this Contract are or become invalid or ineffective according to the applicable legislation, or to arbitration decisions or judgments, the validity and effectiveness of the remaining provisions will not be in any way affected, unless this Contract's suitability for achieving its purposes is irreparably compromised.

Protection of personal data

For information on the processing of the Buyer's personal data, please read carefully the information on processing personal data, available on this Site.

Customer Service

For any information related to purchasing products through the Site or to the guarantee, withdrawal or other matter, the Buyer can contact AllMyFy's Customer Service:

by email to info@allmyfy.com

by post to the address ALLMYFY Pogliano Milanese, Via Mattei 14, postcode 20005