Terms and Conditions

The following are the conditions for the sale of the right to download a specific digital product, from the websites penguinable.it/.com of Davide Alghi with registered office in via Albania 11, 20081, Abbiategrasso, Milan, Italy, VAT number IT09058200966 hereinafter referred to as "AD", by a legal entity for the purpose of purchase, hereinafter referred to as "buyer".

 

Premise

The terms listed below are valid both for the domains penguinable.it/.com. The owner of the domains is unique and identifiable in AD.

 

Subject

These conditions aim to establish the contractual terms between AD and the buyer, concerning the purchase of the right to download a specific product or to benefit a specific service.
The buyer may be only legal person: owner of VAT number.
Buying through penguinable.it/.com, implies unreserved acceptance of these conditions by the buyer.
No other condition is implied if not specified here.
AD reserves the right to change, in the future, the conditions of sale without altering the terms of the purchases prior to the change.

 

Product type

The products on penguinable.it/.com have open source nature. For each product the license to use is specified. Payment / purchase of an order allows the user to download the product and use it. Being open source products, the buyer comes into full possession of the downloaded product: the right to use, modify and reproduce is regulated by the relative open source license, except for the copyright, which remains of AD.

 

Customizations and changes

At the request of customization / modification / development, the resulting product, purchased by the buyer, remains an AD property that retains its right to sell and / or integration into other extensions / modules.

 

License to use

As mentioned above, the products come with "open source license" as specified in the shop of internet sites on penguinable.it/.com domains. Each downloaded package contains copy of license.

 

Prices

Prices are expressed in euros (€) with specification, on a case by case basis, of the relative taxation.
AD reserves the right to change purchase prices over time.

 

Order and payment

To make a purchase, the buyer will have to:

  • complete the registration specifying all personal data, including VAT number and country where the VAT number is registered, to determine the rates of taxation and for a correct invoice issue
  • accept the contractual terms (these ones) during the completion of the registration
  • include in the cart the products for which the buyer wishes to purchase the download rights
  • make payment via Paypal or credit card, always by accessing the Paypal payment service automatically: via SSL protocol
  • at the end of the "successful payment" the payment will be notified by email
  • within 24 hours it will be
    • checks on data e payment
    • electronic invoice and PDF invoice issued
    • the download of the product is made available

 

Ad hoc development

The ad hoc development involves the acceptance of an agreed quote, both for the specifications of the product to be developed / modified, and for the selling price.
Payments and upgrades have different rules. The specifications are reported in the sections Payment and Upgrades below.

 

Refunds

There are no refunds for products. The product comes under the rule "as is".
The sites on penguinable.it/.com domains provide ample opportunity to evaluate the products via demo version that can be freely used by the buyer.
The purchased services can be refunded in the unused portion minus the repayment costs of Payal.

 

Payment

Payment is due to the order. At "successful payment" will be issued immediately a notification of purchase via email. AD is not responsible for any anomalies due to deficiencies of the computer tools of the buyer, nor of the Paypal payment system.
In case of ad hoc development, the terms and methods of payment will be specified in the quotation.
Orders, transactions and invoices will be periodically historicized on reliable support as proof of communication between the parties as foreseen by art. 1348 of the civil code.

 

Anomalies and bugs: updates for purchased version

The conditions of purchase exclude the obligation of fixing, by AD, regarding any anomalies of the downloaded product. As already mentioned, being open source software, at the time of purchase, the buyer agrees to use the product at his own risk, freeing AD from any liability due to the malfunction of the downloaded product.
It must be stressed that any reports of malfunctions and anomalies will be taken into consideration in order to, voluntarily by AD, put a fix on the software, but without contractual obligations.
The buyer has right to download freely, without fee, all available updates for the purchased version.
The functionality / feature of extensions, for a third-party product, is guaranteed if and only if the third-party product allows, over time, the addition of the same functionality / feature avoiding the modification of the core code.

 

Upgrades

Upgrades to subsequent versions may have an additional cost.
In case of ad hoc development, buyer has right to download freely, without fee, all upgrades to subsequent versions for a period of twelve months (one year) from the release date of the product stable version (version 1.0). After this after-sale period, upgrades to subsequent versions may have an additional cost.
The functionality / feature of extensions, for a third-party product, is guaranteed if and only if the third-party product allows, over time, the addition of the same functionality / feature avoiding the modification of the core code.

 

Legal disputes

These conditions are subject to the laws of the Italian Republic.

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