Introduction

This information is provided for the site www.retouchzone.com (Site) owned by Nextus Srl, with headquarters

in Strada Provinciale 336 Snc – 81025 Marcianise

(CE), with VAT no. 11060780969, share capital of 70,000 [SG1] € fully paid-up (Seller).

Art. 1. Scope of application

1.1 These general conditions of sale govern the sale of the

software, available on this Site, by the Seller (Software).

The Software is the property of the Seller.

1.2 Any sale on the Site constitutes a distance contract governed

by Chapter I, Title III (Articles 45 et seq.) Of Legislative Decree 6 September

2005, n. 206 (Consumer Code) and by Legislative Decree 9 April

2003, n. 70, containing the regulation of electronic commerce.

1.3 The General Conditions of Sale apply to all sales

made by the Seller on the Site. The terms indicated are to be understood as

working days, therefore excluding Saturdays, Sundays and national holidays.

1.4 The General Conditions of Sale can be changed at any

time. Any changes and / or new conditions will be effective from the moment

of their publication on the Site. You are therefore invited toaccess

regularlythe Site and to consult, before making any purchase, the

most updated version of the General Conditions of Sale.

1.5 The applicable General Conditions of Sale are those in force on the

date the purchase order is sent.

1.6 These General Conditions of Sale do not regulate the sale of

products and / or services by parties other than the Seller who

may be present on the Site through links, banners or otherlinks

hypertext. Before carrying out commercial transactions with these subjects, it is

necessary to check their conditions of sale. The Seller is not

responsible for the provision of services and / or for the sale of products by

such subjects. On the websites accessible through these links, the

Seller does not carry out any checks and / or monitoring. The Seller isnot

thereforeresponsible for the contents of these sites or for any errors and / or

omissions and / or violations of the law by them.

1.7 You are required to carefully read these General Conditions of

Sale as well as all other information that the Seller provides on the Site.

1.8 The forwarding of the purchase order constitutes acceptance of these

General Conditions of Sale.

Art. 2. Purchases on the Site

2.1 Purchases on the Site:

  1. must take place after registering on the

Site

  1. is allowed both to users who

are consumers and to users who are

professionals. Pursuant to art. 3, I comma, lett. a) of the Consumer Code,

we remind you that a natural person who actsis a consumer

for purposes unrelated to any entrepreneurial, commercial, professional or

craft activity carried out; while pursuant to art. 3, paragraph I, lett.

  1. c) of the Consumer Code, theperson, holds the quality of professional

natural or legalacting in the exercise of his / her

business, commercial, craft or professional activity, or an

intermediary.

2.2 In the case of orders, coming from anyone, which are anomalous in

relation to the quantity and / or frequency of purchases, the Seller reserves

the right to take all necessary actions to stop the

irregularities.

2.3 The Seller reserves the right to refuse or cancel orders that

come from:

  1. from a user with whom the

Seller has an ongoing legal dispute

  1. from a user who has previously violated

the General Conditions of Sale

  1. from a user who has been involved

in crimes

  1. by a user who has released

false, incomplete or in any case inaccurate identification data or who has not

promptly sent the documentsby the same to the Seller

requestedor who has sent invalid documents.

Art. 3. Registration on the Site

3.1 To register on the Site you must fill in the appropriate form, inserting the

following data:

  1. Email
  2. Password
  3. Name
  4. Surname
  5. City

3.2 You undertake to inform the Seller immediately in case in which he

suspects or becomes aware of an improper use or undue disclosure

of the credentials to access the Site.

3.3 The registered user of the Site guarantees that the personal information

provided by him is complete and truthful and undertakes to keep the Seller

harmless and indemnified from any damage, compensation obligation and / or sanction

deriving from and / or in any way connected to the violation by the

user of the rules on registration on the Site or on the conservation

of registration credentials and / or from the provision of personal data false,

incomplete or otherwise inaccurate, without prejudice to the Seller’s right

to disable the user’s account.

Art. 4. Information for the

conclusion of the contract

4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing

provisions on electronic commerce, the Seller informs you that:

  1. to conclude acontract

purchaseon the Site, you must fill in an order form informat

electronicand send it to the Seller, electronically, following the

instructions that will appear from time to time on the Site

  1. the contract is concluded when the

order form reaches the Seller’s server

  1. once theform is received

order, the Seller will send you

the confirmation of the order containing: information relating to the characteristics of the

purchase and the indication of the price.[SG2] 

Art. 5. Description of the Software

5.1 The description of the Software provided by the Site is for illustrative purposes and therefore

must be understood as indicative and with the tolerances of use.

Art. 6. Prices

6.1 All Software prices published on the Site are inclusive

of Value Added Tax (IVA / VAT).

6.2 The Seller reserves the right to change the price of the Software, at

any time, without notice, it being understood that the price charged to you

will be that indicated on the Site at the time the order is placed and that

any variations (increasing or decreasing)

subsequent to the transmission of the same.

6.3 In accordance with what is indicated from time to time on the

Site and unless otherwise provided on the Site, you may purchase

the Software, alternatively: (i) making the one-time payment

(without subscription costs) and use the Software in a perpetual. In this case, you will not be entitled to take advantage ofupdates

futureand developments of the Software (Upgrade). The “lifetime” license is also considered usable as long as the version of the software you have purchased is compatible with the versions of Adobe Photoshop CC still available on the market.

Or (ii) by subscription. In this case, the contract

will run for 365 days and you will become the holder of a license to use the Software.

Subsequently, the contract is renewed for the same amount and period, unless canceled

via the customer area, in the “subscriptions” section, within 24 hours from the expiry of the subscription.[SG3]  You will be entitled to

take advantage of the Software Upgrades if they are made available during the term of the contract and any other additional benefit indicated at the time of purchase, on the sales pages, the pricing tables and / or in phase checkout.

6.4 For some subscription Software, you may enjoy aperiod

trial, equal to the time indicated on the Site from time to time to use the Software for

free or with the payment of a defined amount (Trial Period). At the end of this period, if you do not cancel through the customer area within 24 hours after the expiry of the trial period, you will be automatically charged the annual or monthly subscription cost established and clearly indicated at the time of the trial period. 

6.5 In the event of failure to pay, for any reason, any

sum due to the Seller, the latter reserves the right to interrupt

the supply of the Software and until payment is made.

Art. 7. Purchase Orders

7.1 The Software you have chosen will be made available

for download only after payment of the Total Amount Due

and / or for the Trial Period only. The Seller reserves the right not to

provide the service if, after submitting yourorder

purchase, it is ascertained that you have not paid all or part of theAmount

TotalDue.

7.2 The purchase contract is conditional on the non-

payment of the Total Amount Due. Unless otherwise agreed in writing with you

, the order will consequently be canceled.

7.3 In order to send a purchase order, it is necessary to read and approve these

General Conditions of Sale, by selecting the appropriate box

on the purchase procedure pages. Failure to accept

these General Conditions of Sale will make it impossible to

make purchases on the Site.

Art. 8. Methods of payment

8.1 The following methods of payment are permitted on the Site:

  1. Payment card
  2. PayPal.
  3. Google Pay

8.2 Seller accepts the circuits of credit cards:

  •  

VISA

  •  

MasterCard (Cirrus Maestro)

  •  

American Express

  •  

Diners Club International

  •  

JCB

The charge will be made until (i) thewill be verified

data on yourpayment card used for the payment and (ii) the company

issuing the payment card used by you will have issued

the debit authorization.

The confidential data of the payment card (card number,

holder, expiration date, security code) are encrypted and transmitted

directly to the payment manager without passing through the servers used by the

Seller. The Seller therefore never has access to and does not store,

even if you choose to store such data on the Site, the details

of your payment card used to pay for the Products.

The charge will be made at the time the order is placed.

8.3 On the Site it is also possible to make purchases through thesolution

PayPal payment. If you choose PayPal as a means of payment, you will be

redirected to the website www.paypal.it where you will make the payment according to the

procedure provided and governed by PayPal and the terms and conditions of the

contract agreed between the user and PayPal. The data entered on the PayPal site

will be processed directly by the same and will not be transmitted or shared

with the Seller. The Seller is therefore not able to know and does not

store in any way the data of the payment card connected to youraccount

PayPalor the data of any other payment instrument connected with

this account.

In the case of payment by PayPal, the Total Amount Due will be

debited by PayPal at the same time as the conclusion of the contract through the

Site. In the event of termination of the purchase contract and in any other case of

reimbursement, for any reason, the amount of refund due to you will be credited

to your PayPal account. The credit times on theinstrument

paymentconnected to this account depend exclusively on PayPal and

the banking system. Once the credit order has been placed in favor of thiscrediting the

account, the Seller cannot be held responsible for any

delays or omissions inrefund amount, to contest

which you must contact PayPal directly. Any type of refund to be

made pursuant to these General Conditions of Sale will be

credited to your PayPal account.

Art. 9. Right of withdrawal

9.1 In the event of a purchase on the Site, unless otherwise

indicated, you do not enjoy the right of withdrawal provided for by art. 52 ofCode

the Consumer. In fact, pursuant to art. 59 of the Consumer Code, you lose the

right of withdrawal for the supply of digital content through asupport

non-material(the Software you have purchased) if the execution has begun with

your express agreement and with your acceptance of the fact that, in in this case, you

would have lost the right of withdrawal.

9.2 You may in any case request a refund of the

Total Amount Due if, following the remote assistance provided by the

Seller or by a third party other than the Seller and designated by the latter, it is

found that it is impossible to resolve problems of compatibility of the Software

with the devices available to the Seller. You will not be able to request

reimbursement if the incompatibility problems found are

deriving from alterations and tampering with the programs present in the devices / devices

available to the Seller. The refund will be made using the same

payment instrument used for the initial transaction.

Art. 10. Legal Guarantee

All the Products sold on the Site are covered by the Legal Guarantee of

Conformity provided for by art. 128-135 of the Consumer Code (Guarantee

Legal).

To whom it applies

The Legal Guarantee is reserved for consumers. Therefore, it

applies only to users who have made a purchase on the Site for

purposes unrelated to any entrepreneurial, commercial, craft or

professional activity carried out.

When it applies

The Seller is liable to the consumer for any

lack of conformity of the Product which occurs within two years of such

delivery. The lack of conformity must be reported to the seller, under penalty

of forfeiture of the guarantee, within two months from the date on which it was

discovered.

Unless proven otherwise, it is assumed that the lack of conformity that occurs

within six months of delivery of the Product already existed on that

date, unless this hypothesis is incompatible with the nature of the Product or

with the nature of the lack of conformity. Starting from the seventh month following

the delivery of the Product, it will instead be the consumer’s responsibility to prove that the

lack of conformity already existed at the time of delivery of the same.

In order to take advantage of the Legal Guarantee, the consumer must therefore

first provide proof of the date of purchase and delivery of the goods.

It is therefore advisable for the consumer, for the purposes of this proof, to keep the

purchase invoice or any other document that can certify the

date of the purchase (for example the statement of thecard

payment) and the date delivery.

In the event of termination of the contract, the Seller will returnto the

the total amount paidconsumer, consisting of the purchase price of the

Product, the shipping costs and any other additional costs.

In the event of a price reduction, the Seller will refund the amount of the

reduction, previously agreed with the consumer. The amount of the refund or

reduction will be credited to the means or payment solution

used by the consumer for the purchase.

The Seller is not liable in the event of damage, of any kind,

deriving from the use of the Product improperly and / or not in accordance with the

instructions provided by the manufacturer as well as in the event of damage deriving fromcircumstances

unforeseeableor force majeure.

If you have made the purchase as a “professional” pursuant to the

provisions of the Consumer Code, the previous paragraphs of this article

do not apply. The legal guarantee

provided for by art. 1490 cc

Art. 11. Intellectual property rights

11.1 Following the purchase of the Software chosen by you, the Seller

transfers to you the license to use the Software, with the limitations set forth in

this article.

11.2 All intellectual property rights, including the related rights

of economic exploitation, on licenses, source codes,

documentation, software and any pre-existing technology and their

updates and developments are and remain, in whole, in part and everywhere in the

world, the exclusive property of the Seller.

11.3 You undertake to use the licenses, source codes,

documentation, software and any pre-existing technology and their

updates and developments in compliance withintellectual property rights

the Seller’s. Therefore, by way of non-exhaustive example and in any

case without prejudice to the mandatory limits of the law, you will not be able to:

  1. reverse engineer, decompile or disassemble the Software;
  2. make or have copies of the Software;
  3. publish or have published any information relating to the Software;
  4. market the Software for any reason whatsoever.

11.4 Unless otherwise agreed between the Parties, the Customer undertakes, also pursuant to

art. 1381 of the Italian Civil Code for each User, to not:

  1. circumvent the technical limitations and technological protection measures

present in the Software supplied and / or in updates and developments, including

the authentication system;

  1. reverse engineer, decompile or disassemble the Software and / or

updates and developments;

  1. make or have copies of the Software and / or updates and

developments;

  1. publish or have published any information relating to the Software

and / or updates or developments;

11.5 The obligations referred to in this article are assumed in relation to the

whole world and will remain in force even after the terminationfor any

of the contractreason.

11.6 You declare that you are using the Software only for photographs for which

you have been given consent for their use by the subject possibly

portrayed pursuant to Reg. (EU) 679/2016 regarding the protection ofdata

personal, the Legislative Decree . 196/2003 (Privacy Code).

Art. 12. Indemnity

12.1 If you are a professional user, pursuant to

art. 3, paragraph I, lett. c) of the Consumer Code (Professional),

undertakes to indemnify and hold harmless the Seller from any damage, claim,

responsibility and / or burden, direct or indirect, including reasonablefees

legal, that the Seller should suffer or bear as a result of a

breach by you of any of the obligations or declarations provided for

by these General Conditions or any applicable legislation.

12.2 If youthe quality of Professional you also undertake to

holdindemnify the Seller if through the use of the Software you, or any

person, natural or legal, using the Software (User), has

violated any applicable legislation, in particular pursuant toCode

the Privacy.

12.3 The Professional acknowledges and accepts that it is forbidden to use or

allow third parties to use the Software against mandatory rules,

public order and morality or for the purpose of causing harassment or offense

or damage to third parties and to violate the secret of private communications.

12.4 Under penalty of forfeiture pursuant to art. 2964 cc, the Professional undertakes to report

any defect and / or defect in the Software and / or default by the Seller within

30 days of becoming aware of the defect, defect or non-fulfillment.

Art. 13. Liability of the Seller

13.1 The Seller makes no representations or warranties of any kind,

expressed or implied, on the fact that the Software and its updates or

developments are suitable to meet your specific needs, that they are free

from errors or that have functionality not provided for with respect to what is indicated

on the Site or communicated or disseminated by the Seller.

13.2 The Seller cannot be held responsible for damages, direct or

indirect, of any nature and extent, which may arise to the Professional,

to third parties as a result of the use of the Software in a manner that does not comply with the

provisions of the General Conditions, the laws in force. and / or by uses and

customs.

13.3 The Seller cannot be held responsible for any loss of

profit, loss of earnings or indirect damage, loss or damage to

data, downtime, loss of business opportunities or other benefits

, payment of penalties, delays or other liability of the Professional

towards third parties.

Art. 14. Applicable law

and competent court; out-of-court settlement of disputes – Alternative

Dispute Resolution / Online Dispute Resolution

14.1 The purchase contracts concluded through the Site are governed bylaw

Italian. This is without prejudice to the application to consumer users who do not have

their habitual residence in Italy of any more

favorable and mandatory provisions provided for by the law of the country in which they have

their habitual residence.

14.2 Please note that in the case of a consumer user,for any dispute

relating to the application, execution and interpretation of this document

the court of the place where the user resides or has elected domicile is competent.

In the case of a professional user, any dispute relating to the

application, execution and interpretation of this document will be

remitted to the exclusive and mandatory jurisdiction of the Court of Caserta.

14.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller

informs the user who holds the status of consumer pursuant to art. 3,

paragraph 1, lett. a) of the Consumer Code, which, in the event that he has

submitted a complaint directly to the Seller, as a result of which it has not

been possible to resolve the dispute thus arisen, the Seller

will provide information regarding the body or bodies of Alternative

Dispute Resolution for the out-of-court resolution of disputes

relating to obligations deriving from a contract concluded on the basis of these

General Conditions of Sale (ADR bodies, as indicated in

articles 141-bis and following of the Consumer Code), specifying whether it intends to make use of or not

of such bodies to resolve the dispute itself.

14.4 The Seller also informs the user who holds the status of

consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code thathas

a European platformbeen established for the online resolution

of consumer disputes (so-called ODR platform). The ODR platform can be

consulted at the following address http://ec.europa.eu/consumers/odr/; through the

ODR platform, the consumer user will be able to consult the list ofbodies

ADR, find the link to the website of each of them and start anprocedure for

online resolutionthe dispute in which he is involved.

14.5 The right of the consumer user to referin any case without prejudice

the dispute arising from these

General Conditions of Sale is, regardless of the outcome of theprocedure for

out-of-court settlementdisputes relating to consumer relations

through recourse to procedures. referred to in Part V, Title II-bis of theCode

Consumer.

14.6 The user who resides in a member state of the European Union other than

Italy, can also access, for any dispute relating to the

application, execution and interpretation of theseConditions

Generalof Sale, to the European procedure established for disputes of

modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July

2007, provided that the value of the dispute does not exceed, excluding

interest, rights and expenses, Euro 2,000.00. The text of the regulation is

available on the website www.eur-lex.europa.eu.

Art. 15. Customer service and complaints

It is possible to request information, send communications, request

assistance or submit complaints by contacting the Seller as follows

:

  • by

filling in and sending the form available at the following link

“https://retouchzone.com/contact -us / “

  •  

by email, to the following address: support@retouchpropanel.com [SG4] .

The Seller will respond to complaints submitted within 5 days of

receipt of the same.