TERMS AND CONDITIONS

This document contains the general terms and conditions on the basis of which the use of the web site www.emergentmag.com that provides Terms and Conditions is offered to the users.

1. DEFINITIONS

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, shall have the meaning indicated below:

– Owner: EMERGENT PUBLISHING LTD, with registered address 32a Sutherland Street, London SW1V4JZ , certified e-mail address [email protected]

– Application: the web site www.emergentmag.com
– Products: the goods provided to the user by the Owner and the goods and / or the

services provided through the Application by a third-party provider. – User: any person who accesses and uses the Application

– Consumer User: the natural person who enters into a contract for purposes which are not related to his trade, business or profession

– Non-Consumer User: the natural person of legal age or legal person who enters into a contract for the performance or for the needs of his trade, business or profession

– Third-party Provider: the natural or legal person, other than the Owner, who offers the Products through the Application in the performance of their trade, business or profession

– Content: any textual or multimedia element in the Application, by way of example announcements, insertions, reviews, images, etc.

– Conditions: this contract which governs the relationship between the Owner and the Users as well as the sale or supply of the Products offered by the Owner through the Application.

2. RELATIONSHIP BETWEEN THE OWNER, THIRD-PARTY PROVIDERS AND USERS

The Application hosts a platform managed by the Owner which allows the contact of Users interested in the Products offered by the Owner and Third-party Providers.

Therefore, Users can purchase and / or request the delivery of both Products supplied by the Owner and Products supplied by Third-party Providers through the Application. It is always clearly indicated in the Application whether the Product is supplied by the Owner or a Third-party Provider.

Should the Products be offered by a Third-party Provider, the Owner is not party to the relationship between the User and the Third-party Provider and therefore shall not be under any liability from such relationship. The Owner shall be considered only as a mere technical operator of the Application. Therefore, any contract entered into between Third-party Providers and Users is not subject to the Conditions.

The terms and conditions of each Third-party Provider are published in the Application under “Third-party Provider’s Terms and Conditions”.

3. SCOPE OF THE CONDITIONS

The use of the Application implies full acceptance of the Conditions by the User. Should the User not accept the Conditions and / or any other note, legal notice, information published or referred to therein, the User shall not use the Application or the services related.

The Owner may amend the Conditions at any time.

The applicable Conditions are those in force on the date of transmission of the purchase order or request for the supply of a Product.

Before using the Application, the User is required to read the Conditions carefully save or print them for future reference.

The Owner reserves the right to change, at his own discretion and at any time, even after the User has registered, the graphic interface of the Application, the Contents and their organisation, as well as any other feature that characterises the functionality and management of the Application, communicating to the User the relative instructions, when necessary.

4. PURCHASE OR DELIVERY REQUEST THROUGH THE APPLICATION

All Products offered through the Application are described in detail in the relevant product pages (quality, features, availability, price, delivery method, times and expenses, accessory charges, etc.). Some errors, inaccuracies or small differences between what is published in the Application and the Product may occur. Furthermore, the images of the Products shall be considered as a mere representation and do not constitute a contractual element.

Purchases and / or delivery requests of one or more Products through the Application are permitted both to Consumer Users and to Non-Consumer Users.

Purchases and / or delivery requests are permitted only to natural persons of legal age. For minors, any purchase and / or request for the supply of Products through the Application shall be examined and authorised by the parents or those exercising parental authority.

The offer of Products through the Application shall be deemed as an invitation to pre- pare an offer and the order sent by the User as contractual purchase proposal and / or a delivery request, subject to the confirmation and / or the acceptance of the Owner as described below. Therefore, the Owner has the right to accept or refuse the User’s order or delivery request at its discretion. Accordingly, the User is not entitled to com- plain about the Owner’s decision for any reason.

The contract of sale or provision of the Products is deemed to be concluded with the Owner’s acceptance of the User’s contractual purchase proposal or delivery request. The Owner shall inform the User of the acceptance by sending an order confirmation to the e-mail address indicated by the User or by displaying a web order confirmation page. The confirmation shall contain the date of the order, User’s data, the characteristics of the Product and the information on its availability, the price or the manner in which the price is to be calculated, further charges and / or taxes, if any, delivery address, delivery times and costs, if any, the procedures for exercising the right to withdrawal or its possible exclusion and the guarantee.

The contract of sale or supply of the Products is not effective between the parties in absence of what is indicated in the preceding paragraph.

In the event that the Product is not available, the Owner shall inform the User the new terms of delivery and ask if the User intends to confirm the order. It is

5. REGISTRATION

understood that the contract shall be deemed as concluded only with reference to the Products accepted by the Owner.

The User shall verify the correctness of the data reported in the order confirmation and immediately notify the Owner of any errors. The User shall keep a copy of the order, of the confirmation and of the Conditions.

To take advantage of the features of the Application, the User shall register and pro- vide, truthfully and completely, all data requested in the registration form and accept the privacy policy ( __________) and the Conditions.

The User has the responsibility to keep login credentials. The login credentials shall be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them confidential and to ensure that no third party has access to them. Should the User suspect or become aware of any improper use or disclosure, he shall immediately inform the Owner.

The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless from any damage, indemnity and / or penalty resulting from and / or in any way connected to the infringement by the User of the Application registration rules or the storage of the login credentials.   

7. SUBSCRIPTION

The registered User can interrupt the use of the Application at any time and deactivate his account or request the cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address [email protected].

In case of violation by the User of the Conditions or of the applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without notice.

The Application offers subscription Products. The features and methods of subscription are detailed in the Application.

In order to subscribe, the User shall follow the procedure indicated in the Application and provide the requested information. The subscription fees, if any, shall be charged on the specified date and with the frequency indicated at the time of purchase.
The subscription shall renew according to the methods and times indicated in the Application.

Users can deactivate the renewal of the subscription in the Application or by sending a communication to the e-mail address [email protected] or by using the online account platform and updating the subscription setting or by changing the preferences of the payment method used.

8. PRICES AND PAYMENTS

For each Product the price including VAT, if due is indicated. If the price cannot be calculated in advance, due to the nature of the Product, the methods for calculating the price shall be indicated.

9. BILLING

Furthermore, all possible taxes, additional costs and delivery costs which may vary depending on the destination, the chosen delivery method and / or the payment method used shall be indicated. If these expense items cannot reasonably be calculated in advance, there shall be an indication of which expenses to be charged to the User.

The Owner reserves the right to change the price of the Products as well as any additional costs at any time. It is understood that price changes shall in no case affect the contracts already concluded before such change.

The User undertakes to pay the price of the Product within the times with and methods indicated in the Application and to communicate the information requested.

The Application uses third-party tools for processing payments and does not enter in any way into contact with the payment data provided (number of credit cards, name of the holder, password, etc.).

Should these third party tools deny payment authorisation, the Owner shall not pro- vide the Products and cannot be held responsible in any way.

The User who intended to receive the invoice for the payment shall provide the Owner with the billing information. In this case, the User declares that the information provided is true and releases the Owner from any liability in this regard.

10. MATERIAL PRODUCTS’ DELIVERY METHODS

The material products and / or digital goods supplied on a material support shall be delivered to the address indicated by the User, in the manner and at the time chosen or indicated in the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation shall provide the period of time usually required to deliver the Product from the moment the courier takes charge.

In the event that it is not possible to provide the Products requested, a prompt notice shall be given to the User via e-mail, indicating the expected time of delivery or the reasons that make the delivery not possible.

If the User does not intend to accept the new term or the delivery has become impossible, he can request a refund of the amount paid, which shall be paid promptly with the payment method used for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the refund request.

Upon receipt of the Product, the User is required to verify its compliance with the order as well as the integrity of the packaging. In case of evident damage to the packaging and / or to the Product, the User can refuse the delivery of the Product and may return it without any charge. Once the delivery document has been signed, the User cannot make any objection to the external characteristics of the Products delivered.

The Owner is not liable for damages losses and costs incurred as a result of the failure to execute the contract due to force majeure.

11. EXCLUSION OF THE RIGHT TO WITHDRAWAL OF NON-CONSUMER USERS

The Non-Consumer User is not entitled to withdraw from the contract of sale or deli- very of the Products. The User expressly acknowledges that the indication in the order of a VAT identification number qualifies him as a Non-Consumer User.

12. EXCLUSION OF THE RIGHT TO WITHDRAWAL OF THE CONSUMER USER

The right to withdrawal from the contract of sale or supply of the Products by the Consumer User is excluded relatively:
– to the supply of newspapers, periodical or magazines with the exception of subscription contracts for the supply of such publications

For more information, the User shall contact the Owner at the e-mail address [email protected]

15. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the Content available on the Application. Therefore, all the trademarks, figurative or word and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensees and are protected by the laws in force on the trademarks and by the relative international treaties.

The Conditions do not grant the User any license for use relating to the Application and / or to individual contents and / or materials available therein, unless otherwise regulated.

Any reproductions in any form of the explanatory texts and the Contents of the Application, if not authorised, will be considered violations of the intellectual and industrial property right of the Owner.

16. EXCLUSION OF WARRANTY

The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the needs of the Users or that it will not have never interrupt or be error-free or free of viruses or bugs.

The Owner will endeavour to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible 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 wholly unrelated to the owner's will or due to force majeure events.

17. LIMITATION OF LIABILITY

18. FORCE MAJEURE

The Owner shall not be held liable towards the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.

Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User only having the right to a full refund of the price paid and of any additional charges incurred.

The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, since he does not enter in any way in contact with the payment data used (credit card number, name of the holder, password, etc.).

The Owner shall not be held liable for:

– any loss of business opportunities and any other loss, even indirect, possibly suffered by the User that is not a direct result of the breach of contract by the Owner

–incorrect or unsuitable use of the Application by Users or third parties

– the issue of incorrect documents or fiscal data due to errors in the data provided by the User, the latter being the only person responsible for the correct insertion

In no case the Owner shall be held liable for a sum greater than twice the cost paid by the User

The Owner shall not be held responsible for the failure or late fulfilment of its obligations, due to circumstances beyond its reasonable control due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.

The fulfilment of the obligations by the Owner shall be considered suspended for the period in which events of force majeure occur.

The Owner will perform any act in his power in order to identify solutions that allow the correct fulfilment of his obligations despite the persistence of events due to force majeure.

19. LINKS TO THIRD-PARTY WEB SITES

20. PRIVACY

The Application may contain links to third-party web sites / applications. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites / applications.

Some of these links may link to third-party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by the third parties will be applied to the individual services, with respect to which the Owner assumes no responsibility.

The protection and processing of personal data will be in accordance with the Privacy Policy which can be consulted on the page __________

21. APPLICABLE LAW AND JURISDICTION

The Conditions are subject to UK Law.

For Consumer Users, any dispute concerning the application, execution and interpretation of these Conditions shall be referred to courts where the Consumer User resides or has elected domicile, if located in the territory of the united kingdom.

The application to Consumer Users who do not have their residence or domicile in Italy of any more favourable and mandatory provisions established by the law of the country in which they have their residence or domicile is reserved, in particular in relation to the term for the exercise of the right of withdrawal, after the return of the Products, in case of exercise of this right, the formalities of the communication and the legal guarantee of conformity.

For Users who are not Consumers, any dispute concerning the application, execution and interpretation of these Conditions will be referred to the forum of the place where the Owner is based.

22. ONLINE DISPUTE RESOLUTION FOR CONSUMER USERS

The consumer user residing in Europe shall be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and / or deriving from contracts for the sale of goods and the provision of services concluded online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract entered into online.