This information is provided for the site www.retouchzone.com (Site) owned by Phoenix edit srl
P.iva 04708320611 REA – CE-348521 Sede Legale: Via Lorenzo Maria Neroni, 11 – 81100 Caserta
, 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:
- must take place after registering on the
- 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.
- 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
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
2.3 The Seller reserves the right to refuse or cancel orders that
- from a user with whom the
Seller has an ongoing legal dispute
- from a user who has previously violated
the General Conditions of Sale
- from a user who has been involved
- 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
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:
- 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
- the contract is concluded when the
order form reaches the Seller’s server
- 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
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:
- Payment card
- Google Pay
8.2 Seller accepts the circuits of credit cards:
MasterCard (Cirrus Maestro)
Diners Club International
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
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. 59 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
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
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
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:
- reverse engineer, decompile or disassemble the Software;
- make or have copies of the Software;
- publish or have published any information relating to the Software;
- 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:
- circumvent the technical limitations and technological protection measures
present in the Software supplied and / or in updates and developments, including
the authentication system;
- reverse engineer, decompile or disassemble the Software and / or
updates and developments;
- make or have copies of the Software and / or updates and
- 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
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
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
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
filling in and sending the form available at the following link
“https://retouchzone.com/contact -us / “
by email, to the following address: firstname.lastname@example.org [SG4] .
The Seller will respond to complaints submitted within 5 days of
receipt of the same.