This document sets out the general terms and conditions of use of the website gabrielelakhal.com, which offers digital products provided by the site owner
Definitions
To allow full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meaning indicated below:
- Owner: Gabriele Omar Lakhal, Via Francesco Baracca 9, Novegro, Segrate (MI), Tax Code LKHGRL90B13F205E , VAT number IT12773030965 , certified email (PEC) gabrielelakhal@emailpec.pro
- Application: the website gabrielelakhal.com
- Products:
- the digital products (content and services provided in digital format) sold by the Owner
- the services sold by the Owner
- User: any party who accesses and uses the Application
- Professional User: the natural person of legal age or legal entity that enters into a contract in the course of, or for the purposes of, its own entrepreneurial, commercial, craft or professional activity
- Conditions: this contract governing the relationship between the Owner and Users and the sale of the Products offered by the Owner through the Application.
Scope of application of the Conditions
Use of the Application entails the User’s acceptance of the Conditions. If the User does not intend to accept the Conditions and/or any other note, legal notice or information published or referred to therein, they may not use the Application or its services.
The Conditions may be modified at any time.
The applicable Conditions are those in force on the date the purchase order or request to supply a Product is submitted.
Before using the Application, the User must read the Conditions carefully and save or print them for future reference.
The Owner reserves the right to change, at its own discretion and at any time, including after the User’s registration, the graphic interface of the Application, the Content and its organisation, as well as any other aspect characterising the functionality and management of the Application, providing the User with the relevant instructions where necessary.
Purchase through the Application
All Products offered through the Application are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times, additional charges, etc.). Some errors, inaccuracies or minor differences between what is published on the Application and the actual Product may occur. In addition, any images of the Products are for illustration only and do not constitute a contractual element.
Purchases of one or more Products through the Application are allowed to Professional Users.
For natural persons, purchases are allowed only on condition that they are of legal age. For minors, any purchase and/or request to supply Products through the Application must be reviewed and authorised by the parents or by those exercising parental responsibility.
The offer of the Products through the Application constitutes an invitation to treat, and the order sent by the User shall constitute a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have, at its sole discretion, the right to accept or reject the User’s order without the latter being able to object or complain on any ground and/or for any reason.
The contract for the sale of the Products is deemed concluded upon the Owner’s acceptance of the User’s contractual proposal. The Owner shall accept the User’s contractual proposal by sending the order confirmation to the email address indicated by the User, which shall state the order date, the User’s details, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and accessory taxes, the delivery and performance times, the procedures for exercising the right of withdrawal or its possible exclusion, and the warranty.
The contract for the sale of the Products shall not be deemed effective between the parties in the absence of what is indicated in the previous point.
If the Product is not available, the Owner shall inform the User of the new delivery or supply terms, asking whether they intend to confirm the order or not. It is understood that the contract shall be deemed finalised with regard to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately notify the Owner of any errors, and shall keep a copy of their order, the relevant confirmation and the Conditions.
Registration
To take advantage of the Application’s features, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy ( https://gabrielelakhal.com/privacy-policy/) and the Conditions.
The User is responsible for safeguarding their access credentials, which must be used exclusively by the User and may not be transferred to third parties. The User undertakes to keep them secret, to ensure that no third party has access to them, and to immediately inform the Owner if they suspect or become aware of any improper use or improper disclosure of the same.
The User warrants that the personal information provided during the registration procedure is complete and truthful, and undertakes to hold the Owner harmless and indemnified against any damage, compensation obligation and/or penalty arising from and/or in any way connected to the User’s breach of the rules on registration to the Application or on the safekeeping of the registration credentials.
Account deletion and closure
The registered User may stop using the Application at any time and deactivate their account or request its deletion through the Application’s interface, where possible, or by sending a written communication to the email address info@gabrielelakhal.com.
In the event of a breach by the User of the Conditions or the applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.
Prices and payments
For each Product, the price inclusive of VAT, where due, is indicated. Where the nature of the Product makes it impossible to calculate it in advance, the method of calculating the price is indicated.
In addition, any taxes and additional charges that may vary according to the payment method used shall be indicated. Where such cost items cannot reasonably be calculated in advance, an indication of which charges will be applied to the User shall be provided.
The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes shall in no case affect contracts already concluded before the change.
The User undertakes to pay the price of the Product within the times and by the methods indicated in the Application and to provide any necessary data requested.
The Application uses third-party tools to process payments and in no way comes into contact with the payment data provided (credit card numbers, cardholder name, password, etc.).
Should such third-party tools deny payment authorisation, the Owner will be unable to supply the Products and cannot be held liable in any way.
Invoicing
Users who wish to receive an invoice will be asked for billing details. For the issuance of the invoice, the information provided by the User shall be authoritative, which the User declares and warrants to be true, granting the Owner the fullest indemnity in this regard.
Methods of supply of digital Products and services
The Owner shall supply the digital Products, including any digital products supplied on a tangible medium and/or services, to the User by the methods and within the time indicated on the Application and reported in the order confirmation.
If it is not possible to supply the requested digital Products and services within that time, prompt notice shall be given to the User by email, indicating when they are expected to be supplied or the reasons that make the supply impossible.
If the User does not intend to accept the new deadline or the supply has become impossible, they may request a refund of the amount paid, which will be credited promptly using the same payment method used by the User for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the refund request.
Exclusion of the right of withdrawal for Professional Users
The Professional User is not granted the right of withdrawal from the contract for the sale or supply of the Products. The User expressly acknowledges that indicating a VAT number in the order automatically qualifies them as a Professional User, for whom no right of withdrawal is provided.
Industrial and Intellectual Property Rights
All the Application’s content, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations, is protected by copyright law and trademark protection law. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorised the Owner to publish them in the Application. Except for strictly personal uses, it is not permitted to copy, alter, distribute, publish or use the Content without specific authorisation from the Owner.
Exclusion of warranty
The Application is provided “as is” and “as available”, and the Owner provides no express or implied warranty in relation to the Application, nor any warranty that the Application will meet Users’ needs, that it will never have interruptions, that it will be error-free, or that it will be free of viruses or bugs.
The Owner shall endeavour to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons entirely beyond the Owner’s control or events of force majeure.
Limitation of Liability
The Owner cannot be held liable towards the User, except in cases of wilful misconduct or gross negligence, for disruptions or malfunctions connected to the use of the internet outside its own control or that of its suppliers.
The Owner shall also not be liable for damages, losses and costs incurred by the User as a result of non-performance of the contract for reasons not attributable to the Owner, the User being entitled only to the full refund of the price paid and any accessory charges incurred.
The Owner assumes no liability for any fraudulent and unlawful use that may be made by third parties of credit cards and other means of payment, as it in no way comes into contact with the payment data used (credit card numbers, cardholder name, password, etc.)
The Owner shall not be liable for:
- any loss of business opportunity and any other loss, including indirect loss, incurred by the User that is not a direct consequence of the Owner’s breach of contract
- incorrect or improper use of the Application by Users or third parties
- the issuance of incorrect tax documents or data due to errors relating to the data provided by the User, the latter being solely responsible for correct entry
In no case may the Owner be held liable for an amount exceeding twice the cost paid by the User.
Force majeure
The Owner cannot be held liable for the failure to perform or the delayed performance of its obligations due to circumstances beyond the Owner’s reasonable control caused by events of force majeure or, in any case, by unforeseen and unforeseeable events beyond its control.
The performance of the Owner’s obligations shall be deemed suspended for the period during which events of force majeure occur.
The Owner shall take any action within its power to identify solutions allowing the correct performance of its obligations despite the persistence of events of force majeure.
Links to third-party sites
The Application may contain links to third-party sites/applications. The Owner exercises no control over them and is therefore in no way responsible for the content of these sites/applications.
Some of these links may redirect to third-party sites/applications that provide services through the Application. In these cases, the general conditions for use of the site/application and for the use of the service drawn up by the third parties shall apply to the individual services, in respect of which the Owner assumes no liability.
Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at the page https://gabrielelakhal.com/privacy-policy/
Applicable law and jurisdiction
The Conditions are subject to Italian law.
For Professional Users, for any dispute concerning the application, performance and interpretation of these Conditions, the court of the place where the Owner has its registered office shall have jurisdiction.
Date 25/01/2025
