Terms and Conditions of CINEFOLLIA
These Terms regulate

the use of CINEFOLLIA and
any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

The entity responsible for CINEFOLLIA is:

CINEFOLLIA DI DE LUCA ANDREA
Via alle Brughiere, 17
24039 Sotto il Monte Giovanni XXIII (BG)
Italy
VAT number: IT03807810167

Owner's email address: info@cinefollia.it

“CINEFOLLIA” refers to

this site, including its subdomains and any other site through which the Owner offers the Service;
What you need to know at a glance
The use of the Service/of CINEFOLLIA is reserved for Consumers only.
The right of withdrawal applies only to European Consumers.
The use of CINEFOLLIA and the Service is reserved for Users of legal age pursuant to applicable law.
Access to CINEFOLLIA and use of the Service by minors is permitted only under the supervision of parents or legal guardians.
TERMS OF USE
Unless otherwise specified, the terms of use of CINEFOLLIA set out in this section have general validity.

Additional terms of use or access applicable in particular situations are expressly indicated in this document.

By using CINEFOLLIA, the User declares to satisfy the following requirements:

The User acts as a Consumer;
The User is of legal age pursuant to applicable law;
The use of CINEFOLLIA by minors is permitted only under the supervision of parents or legal guardians;
Registration
To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner.
You can also use the Service without registering or creating an account. However, in this case, certain functions may not be available.

It is the Users' responsibility to keep their login credentials safe and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on CINEFOLLIA.

By creating an account, the User agrees to be fully responsible for any activity carried out with his/her login credentials.
Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, have been violated, unlawfully disclosed or stolen.

Registration requirements
Registration of a User account on CINEFOLLIA is subject to the conditions specified below. By registering an account, the User confirms that he/she meets these conditions.

Account Closure
The User is free to close his/her account and stop using the Service at any time, following this procedure:

Using the account closure tools available on CINEFOLLIA.
Contacting the Owner at the contact details in this document.
Suspension and cancellation of accounts
The Owner reserves the right to suspend or cancel a User's account at any time at its sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.

Content on CINEFOLLIA
Unless otherwise specified or clearly recognizable, all content available on CINEFOLLIA is owned by or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on CINEFOLLIA does not violate applicable law or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are asked to direct any complaints to the addresses specified in this document.

Rights on the content of CINEFOLLIA
The Owner holds and expressly reserves all intellectual property rights on such content.

Users are not authorized to use the content in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without exception, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on CINEFOLLIA, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on CINEFOLLIA, the User is authorized to download, copy and/or share certain content available on CINEFOLLIA exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.

The limitations and exclusions provided for by copyright legislation remain unchanged.

Access to external resources
Through CINEFOLLIA, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relevant terms and conditions or, in their absence, by law.

Permitted use
CINEFOLLIA and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law.

It is the User’s sole responsibility to ensure that the use of CINEFOLLIA and/or the Service does not violate the law, regulations or the rights of third parties.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to CINEFOLLIA or the Service, terminate contracts, report any reprehensible activity carried out through CINEFOLLIA or the Service to the competent authorities – e.g. judicial or administrative authorities – whenever the User commits or is suspected of committing:

violations of the law, regulations and/or the Terms;
injuries of third-party rights;
acts that may significantly harm the legitimate interests of the Owner;
offenses to the Owner or a third party.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products offered on CINEFOLLIA as part of the service are paid for.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of CINEFOLLIA.

Product description
Prices, descriptions and availability of the Products are specified in the respective sections of CINEFOLLIA and are subject to change without notice.

Although the Products on CINEFOLLIA are presented with the greatest accuracy technically possible, the representation on CINEFOLLIA by any means (including, as the case may be, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure
Each phase, from the choice of the product to the forwarding of the order, is part of the purchase procedure.
The purchase procedure includes the following steps:

Users are requested to choose the desired Product, to make it appear in the purchase selection, indicating, where possible, quantities and specific characteristics.
Users can check their choice, modify, add or remove items.
Users will be asked to specify their billing address, contact details and a payment method of their choice.
In the event that the purchase includes the delivery of a Product, it may be necessary for Users to indicate a shipping address.
During the purchase process, Users may, at any time, modify, correct or replace the information provided or cancel the purchase process altogether without any consequences.
After providing all the requested information, Users are asked to carefully review the order and can then proceed to checkout.
To submit the order, Users are required to accept these Terms and use the respective button or mechanism on CINEFOLLIA, thereby committing to pay the agreed price.

Sending the order
Sending the order entails the following:

Sending the order by the user determines the conclusion of the contract and creates the obligation for the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, sending the order also creates the obligation for the User to collaborate accordingly.
Once the order has been sent, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Prices
During the purchase procedure and before sending the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Prices on CINEFOLLIA:

include all applicable fees, taxes and costs.
Promotions and discounts
The Owner may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of CINEFOLLIA.

Promotions and offers are always granted at the sole discretion of the Owner.

Repeated or periodic promotions or discounts do not constitute any claim or right that may be enforced by Users in the future.

Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the headquarters of the Owner, as indicated in the contact details in this document.

Vouchers
Promotions and discounts may be offered in the form of Vouchers.

In the event of a violation of the conditions applicable to the Vouchers, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate venues, including judicial ones, in order to protect its rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers reported on the relevant information page or on the Voucher itself shall prevail in any case, regardless of the provisions that follow.

Unless otherwise specified, the following rules apply to the use of the Vouchers:

Each Voucher is valid only if used in the manner and within the period of time specified on the website and/or on the Voucher;
The Voucher can only be redeemed in full at the time of purchase – partial use is not permitted;
Unless otherwise specified, single-use Vouchers can only be redeemed once per purchase and can therefore be redeemed only once even in the case of purchases in installments;
Vouchers cannot be cumulated;
The Voucher must be used within the specified validity period. Once the term has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including the reimbursement of the value of the Voucher, is excluded;
The User is not entitled to any credit/refund/compensation in the event of a difference between the value of the Voucher and the redeemed value;
The Voucher is intended exclusively for non-commercial use. Reproduction, counterfeiting and commercialisation of the Voucher are strictly prohibited, as is any illegal activity connected to the purchase and/or use of the Voucher.
Payment methods
The details relating to the accepted payment methods are highlighted during the purchase procedure.

Some payment methods are linked to additional conditions or involve additional costs. Detailed information is provided in the relevant section of CINEFOLLIA.

All payments are managed independently by third-party services. Therefore, CINEFOLLIA does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful.

In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions resulting from the failed or rejected payment are borne by the User.

Payment by installments
The purchase price can be paid in two or more installments, within the terms specified on CINEFOLLIA or otherwise communicated by the Owner.
Certain Products may be excluded from this payment method.

Authorization for future payments via PayPal
In the event that the User authorizes the PayPal function that allows future purchases, CINEFOLLIA will store an identification code linked to the User's PayPal account. In this way, CINEFOLLIA will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.

The authorization can be revoked at any time by contacting the Owner or by changing the personal PayPal settings.

Retention of title
Until the Owner receives payment of the full purchase price, the User does not acquire ownership of the Products ordered.

Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details listed in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery can take place in the following countries or territories: Italy, Germany, Spain, France, European Union.

Delivery times are indicated on CINEFOLLIA or during the purchase procedure.

Unless otherwise specified on CINEFOLLIA or agreed with the User, the Products are delivered within thirty (30) days of purchase.

Failure to deliver
The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been appointed by the User.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, each delivery attempt starting from the second will be at the User's expense.

Authorization for future payments via PayPal
In the event that the User authorizes the PayPal function that allows future purchases, CINEFOLLIA will store an identification code linked to the User's PayPal account. In this way, CINEFOLLIA will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.

The authorization can be revoked at any time by contacting the Owner or by changing the personal PayPal settings.

Retention of title
Until the Owner receives payment of the full purchase price, the User does not acquire ownership of the Products ordered.

Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details listed in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery can take place in the following countries or territories: Italy, Germany, Spain, France, European Union.

Delivery times are indicated on CINEFOLLIA or during the purchase procedure.

Unless otherwise specified on CINEFOLLIA or agreed with the User, the Products are delivered within thirty (30) days of purchase.

Failure to deliver
The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been appointed by the User.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, each delivery attempt starting from the second will be at the User's expense.

User Rights
Right of withdrawal
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who has the right of withdrawal
Unless one of the exceptions listed below applies, Users who act as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period specified below for any reason and without justification.

Users who do not meet these requirements do not have the rights described in this section.

Exercise of the right of withdrawal
To exercise the right of withdrawal, the User must send to the Owner an unequivocal communication of their intention to withdraw from the contract.

To this end, the User may use the model withdrawal form available in the definitions section of this document. However, the User is free to express his/her intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.

When does the withdrawal period expire?

In the case of the purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the goods.

In the case of the purchase of multiple goods ordered together but delivered separately or in the case of the purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the last of the goods, lots or pieces.

Effects of withdrawal
The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will remain the responsibility of the User.

The refund will take place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same means of payment used for the initial transaction. The User shall not bear any costs as a consequence of the withdrawal.

… on contracts for the purchase of tangible goods

Limitation of liability for User activities on CINEFOLLIA
Unless otherwise specified and without prejudice to the applicable legal provisions on product liability, any claim for compensation against the Owner (or any natural or legal person acting on its behalf) is excluded.

The foregoing does not limit the liability of the Owner for death, personal injury or physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damage caused by intent or gross negligence, provided that the use of CINEFOLLIA by the User has been suitable and correct.

Unless the damages have been caused by intent or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is liable only to the extent of damages typical for the type of contract and foreseeable at the time of conclusion.

In particular, within the limits set out above, the Owner assumes no liability for:

any loss of earnings or other losses, even indirect, that the User may have suffered (such as, by way of example, commercial losses, loss of revenues, profits or anticipated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
damages or losses resulting from interruptions or malfunctions of CINEFOLLIA due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, by way of example, failures or interruptions of telephone or electrical lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of products, services or third-party applications;
any losses that are not a direct consequence of a violation of the Terms by the Owner;
Common provisions
No implicit waiver
The failure of the Owner to exercise any legal right or claim arising from these Terms does not constitute a waiver of the same. No waiver may be considered definitive in relation to a specific right or any other right.

Service interruption
To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to the Users.

Within the limits of the law, the Owner reserves the right to suspend or terminate the Service entirely. In the event of termination of the Service, the Owner will work to ensure that Users can extract their Personal Data and information in accordance with the provisions of the law.

Furthermore, the Service may not be available due to reasons beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).

Reselling the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit CINEFOLLIA or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reseller program.

Privacy policy
The information on the processing of Personal Data is contained in the privacy policy of CINEFOLLIA.

Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to CINEFOLLIA are held exclusively by the Owner or its licensors and are protected under the applicable legislation and international treaties on intellectual property.

All trademarks - denominative or figurative - and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with CINEFOLLIA are and remain the exclusive property of the Owner or its licensors and are protected under the applicable legislation and international treaties on intellectual property.

Changes to the Terms
The Owner reserves the right to change the Terms at any time. In such case, the Owner will give appropriate notice of the changes to the Users.

The changes will affect the relationship with the User only for the future.

Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, he must stop using the Service. Failure to accept the updated Terms may result in either party being entitled to withdraw from the Agreement.

The previous applicable version continues to govern the relationship until the User accepts it. Such version may be requested from the Owner.

If required by applicable law, the Owner will specify the date by which the changes to the Terms will enter into force.

Assignment of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.

The provisions relating to the modification of these Terms apply.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contacts
All communications relating to the use of CINEFOLLIA must be sent to the addresses indicated in this document.

Severability clause
If any provision of these Terms should be or become void or unenforceable under applicable law, the voidness or unenforceability of such provision does not affect the effectiveness of the remaining provisions, which therefore remain valid and effective.

US Users
Any invalid or unenforceable provision will be interpreted and adapted to the extent necessary to make it valid, effective and consistent with the original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter regulated and prevail over any other communications, including any prior agreements, between the parties regarding the subject matter regulated.
These Terms will be implemented to the fullest extent permitted by law.

European Users
If any provision of these Terms is or becomes void, invalid or unenforceable, the parties will do their best to find, in an amicable way, a valid and effective provision to replace the void, invalid or unenforceable provision.
In case of failure to reach an agreement within the aforementioned terms, if permitted or provided for by the applicable law, the void, invalid or unenforceable provision will be replaced by the applicable legal provisions.

Without prejudice to the above, the void, invalidity or unenforceability of a specific provision of these Terms does not entail the voidness of the entire Agreement, unless the void, invalid or unenforceable provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable hardship for one of the parties.

Applicable law
The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws rules.

Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.

Competent court
The exclusive jurisdiction to decide on any dispute arising from or in connection with the Terms lies with the courts of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers
The foregoing does not apply to Users who qualify as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Dispute resolution
Amicable dispute resolution
Users may report any disputes to the Owner, who will try to resolve them amicably.

Without prejudice to the right of Users to initiate legal action, in the event of disputes relating to the use of CINEFOLLIA or the Service, Users are requested to contact the Owner at the contact details indicated in this document.

The User may send a complaint to the email address of the Owner indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

The Owner will process the request without undue delay and within 2 days of receiving it.

Consumer dispute resolution platform
The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court resolution of disputes relating to and arising from online sales and service contracts.

Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.

Definitions and legal references
CINEFOLLIA (or this Application)
The structure that enables the provision of the Service.

Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Voucher
Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.

European (or Europe)
Defines a User physically present or with registered office in the European Union, regardless of nationality.

Standard withdrawal form
Addressed to:

CINEFOLLIA DI DE LUCA ANDREA Via Carducci, 26 24040- Bonate Sopra (BG) Italy VAT number: IT03807810167
info@cinefollia.it

I/we hereby notify the withdrawal from my/our contract of sale of the following goods/services:

_____________________________________________ (insert here a description of the goods/services from which you wish to withdraw)

Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________
Date: _____________________________________________
(sign only if this form is notified in paper version)

Owner (or We)
Means the natural or legal person who provides CINEFOLLIA and/or offers the Service to Users.

Product
A good or service purchasable through CINEFOLLIA, such as a material good, digital files, software, booking services etc.

The sale of a Product may be part of the Service, as defined above.

Service
The service offered through CINEFOLLIA as described in the Terms and on CINEFOLLIA.

Terms
All conditions applicable to the use of CINEFOLLIA and/or the provision of the Service as described in this document as well as in any other document or agreement linked to it, in the most updated version respectively.

User (or You)
Indicates any natural person who uses CINEFOLLIA.

Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes outside of their entrepreneurial, commercial, artisanal or professional activity.