GENERAL DEPOSIT CONDITIONS
QUALITY BOX ITALY S.R.L. (C.F./P.I. 02320510221), with registered offices in Località al Ponte, Borgo Chiese (TN), in person of its legal representative pro tempore, hereinafter referred to as “the Depositary”
……………………. (C.F. …………… ..), resident in …………………………………………, hereinafter referred to as “Depositor- Customer”;
– the Depositary is a company that provides the service called “Q-BOX”;
– the Depositor is the one who intends to use the “Q-BOX” service, entrusting the Depositary with the movable property in his possession.
Given the above
between the parts
the following is agreed and stipulated
Art. 1 – GENERAL PROVISIONS
1.1. The terms and conditions set out below form an integral part of the contracts concluded between the parties for the provision of the service called “Q – BOX” provided by the Depositary.
1.2. These General Conditions govern all future contractual relations between the parties and must be applied to the services requested and accepted by the Depositor.
1.3. Any derogation or modification of these General Deposit Conditions, in order to be valid and effective, must be expressly and specifically accepted by the Depositary.
1.4. Even in the case of derogations agreed in writing, these conditions will continue to be applied to not expressly derogated parties.
1.5. The contract will have the same length of time as the service, that is from the date of delivery until the return of the goods, for a period of up to 3 (three) days.
Art. 2 – DEFINITIONS
2.1. The term “Q-BOX” shall mean the provision of a storage service of a deposit box for the storage of small movable property, located within a large container made up of multiple boxes, anchored to the ground by means of appropriate devices.
2.2. The term “on-line contract” shall mean the contract relating to the material movable property of the Customer, concluded between him / her and the Depositary under a remote system of services by telematic means, organized by the Depositary.
2.3. The term “Customer” means the natural and / or legal person who makes the purchase of the service referred to in this contract.
2.4. The term “Depositary” means the entity indicated in the epigraph i.e. the entity providing the service.
Art. 3 – SUBJECT AND SERVICE ACCESS MODE
3.1. These General Deposit Conditions are applied to the provision of the service called “Q-BOX”.
3.2. This service takes place as follows: to access the service it is necessary to first accredit by means of a suitable computer platform i.e. by means of a specific application (APP) for mobile devices, in which you must enter your personal data and your credentials; after this accreditation, the Depositary will provide the applicant with a QR Code with which it will be possible to access the deposit service after the payment of the price.
Alternatively, the customer can access the service by registering online at the address www.qualitybox.it indicated on the “Q-BOX” via his mobile device; in such a case, after the user has logged in, after inserting his / her master data, the Depositary i.e. his / her partner will send a personal access code to the Customer by means of a text message (SMS) with which it will be possible to access the deposit service, after the payment of the price.
3.3. The contract is concluded exclusively through the internet network, through the Customer’s access to www.qualitybox.it and the execution of an order of purchase according to the procedure provided by the site itself.
Art. 4 – EMISSION AND ACCEPTANCE OF SERVICE – CONCLUSION OF CONTRACT
4.1. The deposit contract is concluded with the exact completion of the application form and the consent to the deposit manifested through the online submission, or by filling out the attached form and the subsequent submission of the form, after the display of a summary page of the requested service, which is printable and contains the details of the applicant and the order, the price of the service purchased and any additional charges, modalities and terms of payment.
4.2. At the time the Depositary receives the order from the Customer, the same proceeds to send a confirmation e-mail of receipt of the explicit acceptance of the order or to the display of a confirmation web page and order summary, which is printable and in which the data mentioned in the previous paragraph are also reported.
4.3. Any clause or agreement contained in documents and correspondence, even telematics, exchanged in the pre-contractual phase, even if signed, will not have binding effect on the Depositary, unless they are subsequently incorporated into a purchase order.
Art. 5 – ELECTRONIC COMMUNICATIONS
5.1. When the Customer uses the services provided by the Depositary, by sending e-mails, text messages (SMS) and other communications from a computer or mobile device, the Customer communicates with the Depositary electronically.
5.2. The Depositary may communicate with the Customer / Depositor in various ways, i.e. by e-mail, text messages (SMS), notifications or by posting messages and communications directly on the site.
5.3. Without prejudice to the specific legal provisions of an imperative nature, for the purposes of this contract, the Customer agrees to receive electronic communications from the Depositary, acknowledging that all contracts, notifications, information and other communications provided in the electronic form meet the requirement of written form, when laid down by law.
Art. 6 – LICENSE FOR SERVICE ACCESS
6.1. Without prejudice to these General Conditions of Deposit and the payment of the price due for the requested service, the Depositary grants a limited, non-exclusive and non-transferable license to access the offered Service, whereby the Customer may make a personal and not commercial use.
6.2. This license does not include any right of resale or commercial use of any Service of the Depositary or its contents, nor the right to collect and use lists, descriptions, or prices, to make any derivative use of the Service or its contents, to perform any kind of download or copy of account information for the benefit of another third party or to use data acquisition and extraction devices.
6.3. All rights not expressly provided by these General Deposit Conditions remain held by the Depositary of the Service.
6.4. It is not allowed to reproduce, duplicate, copy, sell, resell, visit or otherwise use the Depositary Service for any commercial use in whole or in part without the express written consent of the Depositary; it is not allowed to practice framing or use framing techniques to misappropriate any of the logos or other information (including images, text, page or format settings) of the Depositary without the express written consent of the Depositary; it is not allowed to use the provided Service improperly, which may only be used within the limits laid down by law.
6.5. The violation of these General Deposit Conditions will result in the withdrawal of the license issued by the Depositary and the exclusion from the possibility to access to the Service, without prejudice to the compensation for damage.
Art. 7 – ACCOUNT UTILISATION RULES
7.1. The Customer is required to keep his or her account and password confidential as well as to control the access to his / her computer and its devices; the Customer accepts, within the limits of the applicable provisions of law, that he / she is responsible for all the activities that will be performed with his / her account and his / her password.
7.2. The Customer undertakes to take all necessary precautions to ensure that his / her password remains secure and confidential and undertakes to immediately inform the Depositary if he has reason to believe that any third party is aware of the Customer’s password i.e. in the case in which the password has been used in an unauthorized manner.
7.3. The Customer is required to verify that the data provided to the Depositary are correct and complete and undertakes to immediately notify any change in the information provided.
7.4. The Customer can access and update most of the information provided in the section “My Account” of the site.
7.5. The Customer shall not use the provided service:
(I) in such a way as to cause, or may cause, interruptions, damage or malfunction at the service of the Depositary and its functions;
(Ii) for fraudulent purposes, or in any case to commit illicit activities;
(Iii) to cause disturbance, injury or apprehension.
7.6. The Depositary reserves the right to prevent the access to the site and / or to the service offered, to suspend or close an account, to remove or modify the contents of the site at the discretion of the Depositary himself, in case of a violation of applicable law and of these General Conditions of Deposit.
Art. 8 – EFFECTIVENESS OF THE CONTRACT
8.1. The contract is not considered perfected and effective between the parties in default of what is indicated in Article 4.
8.2. If any provision of these Conditions is deemed invalid for any reason, this condition will not affect the validity and effectiveness of the other provisions.
Art. 9 – PRICE
Unless otherwise agreed, the price shall be the one expressed in the Depositary’s price list, available for consultation before any use of the service.
Art. 10 – PAYMENT METHOD
10.1. Any payment by the Costumer may only be effected by means of one of the methods indicated on the appropriate web page by the Depositary.
10.2. However, the payment of the service must be made by means of prepaid or credit card, through pay-pal and / or contactless systems by entering his / her accounting data in the Depositary’s website screen. The screen will open upon the request of the Service to the same site which, through a computerized system, will directly execute the transaction of the amount indicated in the order.
10.3. The Depositary, in the event of non-payment by the Customer, will be entitled to exercise the right of retention in relation to the goods in storage.
Art. 11 – SERVICE EXECUTION AND USER IDENTIFICATION
11.1. After the conclusion of the contract, after payment of the service, the Customer may deposit in the “Q-BOX” the objects he / she requires with the exception of all illegal goods, such as, by way of example, weapons, narcotics and dangerous substances, and / or flammable.
11.2. The customer will be photographed at the time of the deposit of the object in the “Q-BOX” and every stored item will be photographed and subjected to the examination of an electronic device (Sniffer System) for the search for drugs.
11.3. If narcotic substances and / or anyway illegal objects, are deposited in the “Q-BOX”, it will be immediately communicated to the Competent Authorities.
11.4. On expiry of the term of the requested service, an automatic alert message will be forwarded to the Customer requesting him / her to retire the deposited object.
Art. 12 – OBLIGATIONS OF THE DEPOSITARY
12.1. The Depositary undertakes to diligently guard the goods covered by the requested service throughout the contract period up to the time of return.
12.2. The Depositary undertakes to return the goods stored in the “Q-BOX” at the end of the requested service.
12.3. The depositary undertakes not to use any object deposited.
12.4. The withdrawal of the goods deposited by the Customer releases the Depositary from any responsibility inherent to the state and consistency of the same.
12.5. The Depositary is responsible to the Depositary for the damage to the deposited object within the limits of the sum of € 300,00.
Art. 13 – FAILURE TO RETURN – LOSS
13.1. If, at the end of the required service, the goods are not returned to the Customer for malfunctioning of the service and, precisely, of the dispensing machinery, the Depositary can not be held responsible in any way for the purpose of compensation; in such a case, the Depositary will act to resolve the issue within and not later than 48 hours.
13.2. If the Customer does not withdraw, even partially, the deposited goods within the deadline of 3 (three) days from the beginning of the service, the Depositary may remove the item and send it to the home address communicated by the Customer at the act of registration to the service, with exemption from responsibility for the eventual deterioration of the object after the transfer. In such a case, the Customer undertakes to pay the consideration due for the delivery of the property at his / her residence.
13.3. Where it is not possible to return the goods within the terms stated above, the Depositary will keep the goods for the term of 3 (three) months in their designated places and, subsequently, the same goods will be considered lost / abandoned.
13.4. Non-withdrawal, even partial, by the Costumer of the deposited goods within 3 (three) days from the beginning of the service determines the early withdrawal from the contract.
Art. 14 – OBLIGATIONS OF THE CUSTOMER
14.1. The Customer undertakes to pay the price of the purchased item in the times and manner specified in the Contract.
14.2. The Customer undertakes, upon completion of the online purchase procedure, to provide for the printing and retention of this contract.
14.3. The Customer also undertakes to withdraw the deposited objects within the term of the required service contracted in the order. Otherwise, the Depositary will charge the additional cost of the service.
14.4. The Customer undertakes not to introduce objects with a value greater than € 1,000.00 into the “Q-BOX”, otherwise the Customer will assume direct responsibility in the event of deterioration of the deposited goods.
Art. 15 – LIMITATIONS OF LIABILITY
15.1. The Depositary does not assume any responsibility for disservices due to reasons of force majeure.
15.2. The Depositary shall not be liable to the Customer, except in the case of gross negligence or serious misconduct, for disservices or malfunctions related to the use of the Internet outside his control or of his sub-suppliers.
15.3. The Depositary shall also be not responsible for damages, losses and costs incurred by the Customer as a result of non-execution of the contract for causes which are not attributable to him, since the Customer is entitled only to the full refund of the price paid and eventual additional charges incurred.
15.4. The Depositary shall not be responsible for any fraudulent and illicit use that may be made by third parties of credit cards, checks and other means of payment, at the time of payment of the services purchased, if he proves that he has adopted all possible caution based on the best science and experience of the moment and on the basis of ordinary diligence.
15.5. The Depositary can not be held responsible in any way for the Customer’s deposit of illegal or dangerous items.
15.6. In no event the Customer shall be responsible for delays or inconveniences in payment if he / she proves that he / she has paid the same time and manner as indicated by the Depositary.
Art. 16 – RIGHT OF WITHDRAWAL
16.1. In any case, the Customer has the right to withdraw from the contract, without any penalty and with a specific indication of the reason, within 10 (ten) working days from the day of confirmation of the requested service.
16.2. In the event that the Customer decides to avail of the right of withdrawal, he / she must notify the Depositary by certified e-mail to the address email@example.com.
16.3. In any case, in order to be entitled to a full refund of the price paid, the Customer must specify and document the reason for the withdrawal.
16.4. The Depositary will refund the entire amount paid by the Customer within 30 (thirty) days of receipt of the notice of withdrawal.
16.5. Upon receipt of the notice by which the Customer notifies the exercise of the right of withdrawal, the parties to this contract shall be released from each other’s obligations, without prejudice to the provisions of the preceding paragraphs of this Article.
Art. 17 – FORCE MAJEURE
17.1 No party may be considered to be defaulting of the execution of their contractual obligations if the default is due to fire, flood, strike, industrial action or any other industrial accident, inevitable impediments, declared or undeclared war, embargoes, legal impediments, insurrections or any other cause that is not attributable to the parties, provided that such events could not be expected or that the effects of these events could not be prevented at the time the contract was concluded.
17.2 Such events will be the cause of liability exoneration if they result in temporary or permanent impossibility to fulfil the obligations of the assignment, with the exception of those events that simply make the execution more difficult or more burdensome. In addition, the liability exoneration under this clause will only be applied if the above events are not subject to other specific provisions of these General Conditions.
Art. 18 – MODIFICATIONS OF THE SERVICE OR CHANGES IN CONDITIONS
18.1. The Depositary reserves the right to modify the Service and these General Conditions at any time to offer new products or services or to comply with legal provisions and regulations.
18.2. The Customer will be subject to the terms and conditions applicable at the time the Service is requested.
Art. 19 – USE OF THE SOFTWARE
19.1. The Customer may use the Software of the Depositary only in order to use the provided Service within the limits of these General Conditions.
19.2. It is forbidden for the Customer to incorporate part of the Software into its programs i.e. to complete portions of the Software in conjunction with Customer’s programs; it is forbidden to transfer the Depositary Software to use it in relation to another service, or to sell, to deposit or to rent, to distribute or sublicense, or to transfer any right of the Software in whole or in part.
19.3. The Customer may not in any case use the Software for illicit purposes; in such case, the Depositary may terminate the provision of the Software and revoke Costumer’s right to use the Software at any time.
19.4. In the event of failure of the Customer to fulfil the provisions of these General Terms and Conditions, the right to use the Software will be automatically revoked, without prior notice from the Depositary.
19.5. The Softwares used in the Service provided by the Depositary are owned by the same or by his software vendors.
Art. 20 – COMMUNICATIONS AND COMPLAINTS
20.1 Written communications directed to the Depositary and any complaints will be deemed valid only if they are sent to the following e-mail address: firstname.lastname@example.org.
The Customer indicates in the registration form his / her residence or domicile, the telephone number or e-mail address to which he / she wishes to be notified by the Depositary.
Art. 21 – DEFINITION OF DISPUTES
Any dispute arising between the Parties concerning the interpretation, implementation or application of this Agreement shall be transferred to the Italian jurisdiction and to the exclusive jurisdiction of the Tribunale di Bergamo.
In the case of consumers, the competent court is applicable according to the legal provisions of Art. 33, comma 1, lett. u), D.Lgs. n. 206/2005 (s.c. Codice del Consumo), i.e. the court of the place of residence or domicile of the consumer; any different provision is considered an unfair clause and not applicable.
Art. 22 – FINAL PROVISIONS
For the purpose of the communications provided in these General Conditions, the parties elect their domicile at their registered office. The same can also be done with the same effect by means of certified electronic mail.
Quality Box Italy Srl Customer
Pursuant to and for the purposes of the articles 1341 and 1342, the parties hereby declare that they specifically approve the following clauses of this contract: art. 1 (GENERAL PROVISIONS); art. 3 (SUBJECT AND SERVICE ACCESS MODE); art. 4(EMISSION AND ACCEPTANCE OF SERVICE – CONCLUSION OF CONTRACT); art. 5 (ELECTRONIC COMMUNICATIONS); art. 6 (LICENSE FOR SERVICE ACCESS); art. 7 (ACCOUNT UTILISATION RULES); art. 9 (PRICE); art. 10 (PAYMENT METHOD); art. 11 (SERVICE EXECUTION AND USER IDENTIFICATION); art. 12 (OBLIGATIONS OF THE DEPOSITARY); art. 13 (FAILURE TO RETURN – LOSS); art. 14 (OBLIGATIONS OF THE CUSTOMER); art. 15 (- LIMITATIONS OF LIABILITY); art. 16 (RIGHT OF WITHDRAWAL); art. 17 (FORCE MAJEURE); art. 19 (USE OF THE SOFTWARE); art. 21 (DEFINITION OF DISPUTES).
Quality Box Italy Srl Customer
Personal data Controller
Any personal data provided or collected through the transactions carried out on the site www.qualitybox.it will be processed by the Depositary, as the sole holder of data processing.
Type of personal data of customers collected on the site
Customers’ personal data allow to customize and continually improve purchases on the site. These data are used in particular to provide products and services, process payments, to communicate with the customer about products, services and promotional offers, to update registers and generally to display content and advise services that may be of interest to the Customer.
The Depositary also uses this data to improve the platform to prevent or detect fraud or abuse of the website and to allow third parties to engage in technical, logistic and other activities.
Below are some categories of personal data that are collected.
Personal Data provided by Customer
The Depositary receives and retains any information that the Customer enters into the Site or that is otherwise provided. It is possible to choose not to provide some data, but in that case the Customer may not be able to take advantage of some of the services offered. Provided data are used to respond to Customer’s requests, personalize suggestions, improve the on-line proposal, and communicate with the Customer.
Personal information that is automatically collected
The Depositary receives and retains any information that Customer provides when interacting with the same.
The Depositary may collect technical information to identify Customer’s Device for fraud prevention and diagnostics purposes.
When the applications created by the Depositary are downloaded and used and, if applicable, when the Customer consents to the use of the geolocation functionality on his / her mobile device, the Depositary may receive information about the geographical location of the Customer and his / her mobile device, including a unique identification code for the device; in such case, the Depositary may use this information to provide location-based services and other personalised content, as search results.
The Personal data collected through the site www.qualitybox.it are not sold to third parties
Customers’ personal data will not be transferred to third parties.
In cases other than those provided above, the Customer will be informed whenever his or her personal data will be disclosed to third parties and will be able to choose whether or not to disclose his / her personal data to third parties.
Guarantee of Customer’s Personal Data Security
The Depositary undertakes to protect the security of the Customer’s personal data during their submission, using the QBOX software which encrypts the information you enter.
At the time of request of the service, the Depositary only displays the last four digits of the Customer’s credit card number. Of course, the Depositary transmits, during the processing of the request, the full credit card number to the issuing financial institution of the credit card.
It is important for the Customer to take appropriate protections against unauthorized access to his / her password and to his / her computer, always ensuring that he / she is disconnected when access is made using a computer that is shared with other users.
Advertisers and links to other websites
The website may display third-party advertising and links to other websites.
Warning: presence of a monitored area
The Customer is also made aware in advance, even by means of a special sign, that he / she is subject to video surveillance at the time of the signing of the contract in question and the subsequent use of the service.
This signage, which is embedded in a specific warning sign, is placed before entering the video surveillance zone and has a format and positioning that is clearly visible to the subjects concerned, according to the instructions provided by the Personal Data Protection Guarantor .
The information and data collected through the aforementioned modalities will be kept and used exclusively for purposes strictly related to the service in question for a maximum period of 60 (sixty) days.
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