General Conditions of Use

Art. 1 – Object

1. These General Conditions of Use represent the access and the use of the Website Sayes.com, through the url: https://www.sayes.com, (from now on the “Owner”).

2. This Website is owned by: Opera Corporation Srl Located in: via Vecchia Ferriera, 50 VAT identification number: 04059680241 Registered with the REA number: VI - 375796

3. Access to the site and its use, as well as the purchase of products presented in it, presupposes the reading, knowledge and acceptance of these General Conditions of Use.

Art. 2 – Changes to the Terms of Use

1. The Owner may modify or simply update, in whole or in part, these General Conditions of Use. Changes and updates to the General Conditions of Use will be notified to users on our Home page as soon as implemented and will be binding as soon as published on our Website in said section. By accessing and using our Website the user agrees to these terms of use.

Art. 3- Intellectual property

1. The contents on our Website, such as: the designs, images, photographs, dialogues, music, sounds and videos, documents, drawings, illustrations, logos and any other material, in any format, published on our Website, including menus, web pages, the graphic design, colors, tools, fonts and site design, diagrams, layouts, methods, processes, functions and software that are part of the site, are protected by copyright and any other intellectual property rights of the Owner or of any third party that are under the same contract. It is forbidden to copy or duplicate, in whole or in part, in any form, the Website and its contents, without the express written consent of the Owner.

2. The user is only authorised to view the Website and its contents using the services available and offered there. Moreover, the user is allowed to perform only a temporary reproduction activity, which is not related to any personal economic purpose, which can be considered transitory or accessory, or an integral and essential part of the visualisation and fruition of the Website and its contents and all other operations of navigation on the Website are to be performed only for a legitimate use of said Site.

3. The user is in no way authorised to perform any kind of reproduction, on any medium, in whole or in part of the Website and its contents. Any act of reproduction must be authorised by Sayes on a case-by-case basis, or if necessary, by the creators of the individual works contained on our Website. Said reproductions must be carried out for lawful purposes and in compliance with the copyright and other intellectual property rights of the designers of the individual works contained on our Website.

Art. 4 – Proper use of the Website and the user’s responsability

1. The access and use of our Website, the display of the web pages, including the communication with the Owner, the possibility of downloading information concerning our products and the purchase of said products on our Website, must constitute activities carried out by the user exclusively for personal use outside of any commercial, business or professional activity.

2. The user is personally responsible for the use of the site and its contents. Moreover, the Owner can not be considered responsible for the improper use of our Website and its contents by each of its users that do not comply with the laws in force, without prejudice to the liability for intentional and gross negligence. In particular, the user will be the sole responsible for the communication of incorrect information and data. The user will also be the sole responsible for the improper use of information related to third parties, made without their consent.

3. Any material downloaded or otherwise obtained through the use of the service is at the user’s choice and risk, therefore any liability for any damage to computer systems or loss of data resulting from the unloading operations falls on the user and cannot be attributed to the Owner.

4.The Owner declines all responsibility for any damage resulting from the inaccessibility to the services on the Website or any damage caused by viruses, damaged files, errors, omissions, interruptions of service, deletions of content, problems related to the network, to providers or telephone and/or telematic connections, to unauthorised access, to alterations of data, to the failure and/or defective functioning of the electronic equipment of the user himself.

5. The user is responsible for the safekeeping and proper use of their personal information, including their credentials to access the confidential services, as well as any harmful consequences or injury that may arise at the expense of Sayes or third parties as a result of improper use, loss, subtraction of such information.

Art. 5 – Personal account

1. The user will have the opportunity to register to our Website to purchase the products and/or services that we offer. The user can access our Website through the "Login" page and can verify the status of the services they have requested.

2. By registering to our Website, the user must provide an e-mail address or a username (indicated with "ID") and a password. Both the ID and the password can not be used in two or more websites at the same time and you can not give or transfer them to third parties, because the login details are your sole responsability to mantain. In this regard, please note that you will be held responsible to the Owner and any third party for any action and/or transaction made through the use of your login details.

3. You are the sole responsible for the confidentiality and secrecy of your login details and are required to promptly inform our Website of any unauthorised use or loss of said information, and you can do so by contacting us via e-mail or via certified mail A/R so that we can suspend any activities made through your account.

4. In the event that an unauthorised access to the user’s account has occurred and/or the user has lost their ID and/or password more than three times, the Website reserves the right to remove the user’s account without having the obligation to justify the reasons to the Customer.

5. The Owner shall not be held liable in any way, directly or indirectly, in any form or on the basis of any liability regime, for injury or damage of any kind resulting from, or related to, failure by the user to comply with the provisions of this article.

6. The Owner will be free to suspend the user’s access to their account, if the Owner believes that there has been a substantial violation of these General Terms of Use and in particular if the user makes an illegal or improper use of the services provided by our Website.

7. The user undertakes to not allow the following behaviour to any third party (non-exhaustive and constantly updated): the uploading or creation within the customer area of any data or content that is in direct violation of any law, of any regulation or of third party rights (including trade secrets or personal information of third parties); the use of the services provided by the company for purposes other than the mere access to them in the manner in which they are provided by said company; carry out actions of any kind and/or nature aimed at disabling or interfering in any way with the safety-related applicantions of our Website or any other applications that prevent, limit or restrict the use i.e. the copying of any protected material on our Website; the use of the services provided by our Website for any unlawful purpose or in violation of any applicable legislation; do anything that interfers or damages the services and systems of our Website, including the uploading of files or the disseminating of viruses, adware, spyware, bugs or any other harmful electronic tools; carry out actions to bypass tools that help with the override of robots or any other measures that our Website can use to prevent unauthorised access to our services.

Art. 6 – Disclaimer

1. As previously indicated, the Owner carries out, with the utmost diligence, the care and maintenance of our Website and its contents, however, it assumes no responsibility for the accuracy, the completeness and promptness of the data and information provided by our Website or other websites linked to ours. Therefore, all liability regarding errors or omissions arising from the use of the data and information on our Website must be waived.

2. The Owner declines all responsibility, including the presence of errors, the correction of errors, and the responsibility of the server hosting our Website; the Owner assumes no responsibility for any consequences whatsoever related to the use, the correctness, and the reliability of information contained on this Website. In no case, including negligence, will the Owner be held responsible for any direct or indirect damage that may result from the use, or inability to use, the materials on our Website.

Art. 7 – Limitations in the provision of our services

1. The Owner cannot be held responsible for the damages resulting from the failure to provide the service due to the incorrect or malfunctioning of electronic means of communication for reasons outside the scope of its foreseeable control. A non-exhaustive example, could be the malfunction of the servers and other electronic devices, and other problems not related to the Internet, could be the malfunction of the installed software, computer viruses or the possible presence of viruses or other harmful computer components, as well as the damage made by hackers or other users. Therefore, the user undertakes to indemnify the Owner from any responsibility in this regard.

Art. 8 – Links to other websites

1. Our Website may contain hyperlinks to other websites that have no connection to ours. The Owner does not control or monitor these websites and therefore does not guarantee in any way the contents nor the management of data. The user should therefore carefully read the Terms of Use of the third-party sites and their privacy policies, as these Terms of Use and Privacy Policy refer only to this Website.>

Art. 9 – Trademarks

1. All trademarks and distinguishing marks used within our Website belong to their respective owners or licensees.

2. The Owner has the right to make exclusive use of these trademarks. Therefore, any unauthorised and/or unlawful use is strictly prohibited and has legal consequences. It is forbidden to use said trademarks and every other distinctive sign found on our Website for undue advantage that derives from the reputation of said trademarks or in such a way as to cause prejudice to the Website and their owners.

3. The domain https://www.sayes.com, as well as the various declinations and subdomains, are owned by Sayes.com. No use, albeit indirect, is allowed, unless written authorisation is obtained from the Owner.

Art. 10 – Handling of personal information

1. The user’s information is processed in accordance with the provisions of the legislation regarding the protection of personal data, as specified in the section pursuant to art. 13 of the Legislative Decree 30 June, 2003 and to art. 13 of the EU Regulation no. 2016/679 (Privacy Policy). For more information you can visit the Privacy Policy on our Website: https://www.sayes.com/privacy

Art. 11 – Safeguard clause Regulation

1. Should one of the clauses present in our General Terms of Use be declared void, it shall be considered as such and shall not affect the validity of the other clauses, unless it is essential and determining.

Art. 12 – Contact us

1. Any information request can be sent: via e-mail at the following address assistenza@sayes.com; by phone by calling the following number 04441582479; or by post at the following address: Sayes - Opera Corporation srl via Vecchia Ferriera,50 36100 Vicenza Italy

Art. 13 – Applicable law and jurisdiction

1. The present General Conditions of Use are regulated by Italian law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to the Customer and applicable in the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the General Conditions of Use are subject exclusively to Italian law.

2. Any disputes inherent and/ or consequent to them must be resolved exclusively by the Italian court. In particular, if the buyer is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.

These conditions were drawn up on 25 October, 2018.