Terms and conditions

ARTICLE 1 - SUBJECT MATTER OF THE CONTRACT

The CLIENT undertakes to review these general terms of sale before confirming their order, particularly the pre-contractual information provided by AtomSync, and to accept them during the procedure to provide the necessary information for the creation of their website by checking the appropriate box.

In the order confirmation email, the CLIENT will receive the link to download and store a copy of these general terms of sale.

If the CLIENT places an order in another manner, these terms are still considered read, understood, and fully accepted.

ARTICLE 2 - PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER - ARTICLE 49 OF LEGISLATIVE DECREE 206/2005

Before concluding the purchase contract, the CLIENT reviews the characteristics of the goods, which are described in the individual product sheets at the time of selection by the CLIENT.

The CLIENT may, at any time and before concluding the contract, obtain information about AtomSync, including the geographical address, telephone numbers, email address, information as follows:

ARTICLE 3 - CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

The CLIENT undertakes to verify the accuracy of the personal data provided and to promptly notify AtomSync of any corrections.

AtomSync undertakes to describe and present the virtual products sold on the website in the best possible way. Nevertheless, there may be some minor differences (due to software updates) between our description and the website created for the CLIENT.

ARTICLE 4 - PAYMENT METHODS

Each payment by the CLIENT can only be made through the methods indicated on the website www.atom-sync.com: bank transfer, credit/prepaid card, Postepay recharge, installment payments with Scalapay (subject to approval), or cash if the CLIENT goes directly to AtomSync's office.

Communications regarding payment and the data provided by the CLIENT at the time of payment occur on dedicated secure lines. The security of credit card payments is guaranteed by the same payment processor.

ARTICLE 5 - PRICES

All selling prices of products listed on the website www.atom-sync.com are expressed in Euros and exclude VAT.

The cost of VAT is indicated and calculated at the time of completing the purchase process before making payment.

All selling prices are considered "one-time": the website is purchased and paid for only once, with no additional costs unless expressly indicated.

Selling prices include the complete creation of the website in all its parts and ready for operation.

The CLIENT is required to purchase and manage the domain and VPS (Virtual Private Server) or similar services through AtomSync. AtomSync will be responsible for configuring, purchasing, and managing the domain and VPS using Docker or other appropriate technologies.

The CLIENT acknowledges AtomSync's right to change its prices at any time; however, the goods will be invoiced based on the prices listed on the website at the time of the order creation and indicated in the confirmation email sent by AtomSync to the CLIENT.

In case of a computer, manual, technical, or any other type of error that may result in a substantial, unintended change in the public sales price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled, and the amount paid by the CLIENT will be refunded within 14 days from the date of cancellation.

ARTICLE 6 - DELIVERY TIMES AND METHODS

The delivery times for websites commissioned from AtomSync are communicated to the CLIENT at the time of purchase. The communicated timeframe is indicative and not binding, with the sole purpose of creating a high-quality work that satisfies the CLIENT.

This timeframe is met if the CLIENT submits all necessary materials for website creation within 15 days of purchase.

If the CLIENT's submission of materials is delayed, it will no longer be possible to establish a precise delivery time.

Once the website development work is complete and payment is received, AtomSync will deliver it to the CLIENT, providing access data to the administrative part of the site (back-office) and email boxes of the domain if agreed upon.

The CLIENT will not have access to the website source code unless an additional supplement is paid, which will be separately agreed upon with AtomSync.

Access to the website and email boxes will not be granted until full payment is made and/or all requested materials for creation are provided (unless different agreements are defined in the pre-contractual phase).

ARTICLE 7 - DELIVERY OF MATERIALS

The creation of the website is strictly dependent on the CLIENT delivering all requested materials to AtomSync, preferably via email to [email protected].

The delivery of the materials determines the start of the creation process of the website.

Materials include (but are not limited to): The entire organization chart of the CLIENT, photos to be included, texts, and any specific indications for the desired layout.

The website is created and developed in the ways agreed between the parties in the pre-contractual phase, with the aim of ensuring that the CLIENT is satisfied with the work delivered by AtomSync.

The CLIENT undertakes to make available to AtomSync all necessary data for the creation of the website within 15 days from the order. If the CLIENT does not provide the materials within the aforementioned terms, AtomSync will notify the CLIENT of the date of the beginning of the website creation. The CLIENT, in this case, will not be able to request any compensation for any delays in the delivery of the material or for any other reason.

ARTICLE 8 - INTELLECTUAL PROPERTY

AtomSync holds the intellectual property rights to all the websites it creates, as they are a personal, creative work and therefore protected by intellectual property law.

By purchasing the website, the CLIENT automatically acquires the exclusive right to use the same, limited to the purposes connected with the promotion and visibility of the activities indicated in the website. Any other use of the website, other than that authorized by AtomSync, will be considered an infringement of intellectual property law, punishable by law.

AtomSync guarantees the CLIENT the total legality of the works carried out, excluding any responsibility, both civil and criminal, towards the CLIENT and third parties.

The CLIENT undertakes to use the website in full compliance with the law and public order, taking responsibility for the publication and use of texts, images, and any other material included in the website. The CLIENT guarantees that the use of the website will not infringe the rights of third parties and undertakes to indemnify and hold harmless AtomSync from any claim, dispute, damage, and/or liability arising from the use of the website.

The CLIENT is fully responsible for the contents published on the website, discharging AtomSync from any responsibility, both civil and criminal, arising from the publication of the contents. The CLIENT must therefore be the exclusive owner of all the contents and must guarantee the legitimacy, authenticity, and authorship of the contents, excluding any responsibility towards AtomSync and third parties.

ARTICLE 9 - RIGHT OF WITHDRAWAL

The CLIENT has the right to withdraw from the purchase contract without penalty and without specifying the reason within 14 days from the conclusion of the contract, subject to compliance with the procedures and terms set forth in this article.

To exercise the right of withdrawal, the CLIENT must send a communication within the aforementioned deadline, to the email address [email protected], expressly declaring the intention to withdraw from the contract, indicating the order number and the data identifying the CLIENT. Once the withdrawal request has been received, AtomSync will acknowledge receipt of the withdrawal request by email.

AtomSync will refund all payments received from the CLIENT, including delivery costs without undue delay and in any case within 14 days from the day on which AtomSync is informed of the CLIENT's decision to withdraw from the contract. The refund will be made using the same means of payment used by the CLIENT for the initial transaction, unless the CLIENT has expressly agreed otherwise.

AtomSync may withhold the refund until it has received the goods or until the CLIENT has demonstrated that they have returned the goods, whichever situation occurs first.

The CLIENT is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.

The CLIENT acknowledges that the right of withdrawal is not allowed when AtomSync has fully executed the service with the express agreement of the CLIENT, who has requested it and, therefore, has lost the possibility of withdrawal after the execution of the service.

ARTICLE 10 - WARRANTY AND ASSISTANCE

AtomSync guarantees the conformity of the products sold on the website www.atom-sync.com with the descriptions published on the site.

The images and colors of the products published on the website may not correspond exactly to the real ones due to the Internet browser or the monitor used by the CLIENT, which AtomSync cannot be held responsible for.

AtomSync guarantees the proper functioning of the products sold, excluding any liability in the event of improper use by the CLIENT.

In case of non-conformity of the product, the CLIENT has the right to the repair or replacement of the product, or an appropriate reduction in the price, or the termination of the contract, according to the provisions of the Consumer Code.

The CLIENT undertakes to immediately report any malfunctioning of the website and to provide AtomSync with all useful information for the correct identification of the malfunction.

AtomSync undertakes to carry out repairs within a reasonable time, or to replace the defective product, subject to the provisions of art. 5 of Legislative Decree no. 185/1999.

The CLIENT acknowledges that the right to guarantee is excluded in case of use or installation of the product that does not comply with the technical and legal standards in force in Italy and the European Union.

The CLIENT, recognizing the characteristics of the services offered, declares to have fully read the technical and use features of the services and/or products available online at www.atom-sync.com.

The CLIENT acknowledges that AtomSync is not responsible for any damage arising from the installation or use of the product and for the consequences related to its use.

ARTICLE 11 - LIABILITY

AtomSync disclaims any liability for interruptions to the service due to force majeure or unforeseeable circumstances, even if they are not attributable to its own sphere of risk or business.

AtomSync is not responsible for damages, losses, or costs incurred by the CLIENT as a result of non-performance of the contract for reasons not attributable to it, as the CLIENT is only entitled to a refund of the price paid and any additional costs incurred.

AtomSync does not assume any responsibility for any fraudulent or illegal use that third parties may make of credit cards, checks, and other means of payment, upon payment of the purchased products.

AtomSync disclaims any liability for any damage, loss, or cost incurred by the CLIENT due to the use of the website and any services performed by AtomSync, for any consequential damages, and for any loss of revenue, profits, or data, or for any damage to the CLIENT or third parties.

AtomSync is not responsible for any damage, loss, or cost incurred by the CLIENT or third parties as a result of the use of the products or services offered, if the products and services are used in a manner or for purposes other than those for which they were designed.

AtomSync is not responsible for any damage, loss, or cost incurred by the CLIENT or third parties as a result of the use of the products or services offered, if the products and services are used in a manner or for purposes other than those for which they were designed.

ARTICLE 12 - CLAIMS

Any complaint must be sent in writing to AtomSync's registered office or to the email address [email protected].

The complaint must be made as soon as the defect is found, and in any case within 10 days from its discovery, under penalty of forfeiture of the rights.

The CLIENT's report must contain a detailed description of the alleged defect and the request for the solution that the CLIENT deems appropriate.

The CLIENT acknowledges that any inactivity on their part for a period of 30 days or more from the date of the complaint will be considered as acceptance of the alleged defect by the CLIENT, with the consequent extinction of any right to claim or refund.

AtomSync undertakes to respond to complaints within 10 working days from the date of receipt, indicating the measures taken.

In any case, the CLIENT is entitled to apply to the court of jurisdiction for the protection of the rights deriving from the application of the regulations in force in Italy and the European Union.

ARTICLE 13 - APPLICABLE LAW AND JURISDICTION

These general conditions of sale are governed by Italian law. Any dispute concerning their interpretation and execution falls under the exclusive jurisdiction of the Italian judicial authorities, notwithstanding the jurisdiction of the CLIENT's domicile or residence.

If the CLIENT resides or has its registered office outside Italy, the exclusive jurisdiction for any dispute concerning these general conditions of sale and their execution and interpretation is attributed to the Court of Bari (Italy).

ARTICLE 14 - FINAL PROVISIONS

For any matter not expressly provided for, reference is made to the regulations in force in Italy and the European Union.

The CLIENT declares that they have read, understood, and expressly accept these general terms and conditions of sale before confirming their order. The CLIENT also agrees to receive the electronic invoice for the purchase made by sending it to the email address indicated at the time of registration on the website www.atom-sync.com.

The CLIENT declares that they have received from AtomSync all the information referred to in Legislative Decree no. 206/2005, Part III, Title III, Section II, as well as all the information referred to in Legislative Decree no. 70/2003 on electronic commerce.

AtomSync SRL, with registered office at Via Troisi 5, 70126 Bari, Italy, VAT number 08806350727, guarantees the fulfillment of the obligations assumed by the CLIENT for the entire duration of the contract and undertakes to comply with the regulations on distance contracts referred to in Legislative Decree no. 206/2005 and subsequent amendments and additions.