Terms and conditions

The User who uses the Services offered by bearplast.it - bearplast.co.uk - bearplast.fr (referred to as the "Site") declares that he/she has read and accepts these Terms and Conditions (referred to as the "Conditions"), which are those in force to date and are subject to change without prior notice at the sole discretion of BEAR PLAST S.R.L., which assumes no responsibility for suspensions of the Services determined by any cause even referable to BEAR PLAST S.R.L. itself.

These Conditions must be reviewed and saved by the User, prior to the completion of the purchase procedure of one or more services. The submission of the purchase order confirmation of the Service, therefore, implies full knowledge of them and their full acceptance. The User is therefore requested to save or print these contractual clauses.

  1. Definitions

To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:

    • Owner: BEAR PLAST S.R.L., with registered office at Via Monari, 2 42122 Reggio Emilia RE, PI 00292380359 , RE6563, € 258000 i.v., privacy@bearplast.it, PEC address: bearplast@pec.it
    • Application:the website bearplast.co.uk - bearplast.co.uk - bearplast.fr, operated by BEAR PLAST S.R.L., which offers customizable documents with progressive guided compilation and connects users with selected external professionals for the provision of consulting services;
    • Products:The customizable progressive guided compilation documents offered through the Application;
    • Consultingservices:are the legal, tax, accounting, etc. consulting services provided by selected external professionals;
    • User:the person accessing the Application, without distinction of legal nature and personality pursued, interested in the Products offered through the Application;
    • Consumer:a natural person acting for purposes unrelated to any business, commercial, craft or professional activity carried on;
    • Terms:This contract governing the relationship between the Owner and Users and the sale or delivery of the Products offered through the Application.
  1. About the Products and Consulting Services

The Application provides Products consisting of customizable documents (contracts, letters, statements, etc.) with progressive guided compilation and connects subscribers with external professionals to receive legal, tax, accounting, etc. consulting services.

Products

In relation to customizable documents, they are made available through the input of data from time to time requested from the User and aimed at the drafting of one of the documents proposed through the Application.

For the purpose of any subsequent correction, the prepared document will remain in the availability of the User for the period of time indicated to him at the time of purchase, subject to the right of the Owner, in its sole discretion and for the protection of intellectual property, to block multiple and repeated changes to the structure of the document.

After that period, the document will go from "editable" to "locked" status and, therefore, will no longer be editable by the User, remaining at his disposal until he requests its deletion by sending an email to the following address BEAR PLAST S.R.L. or on the chat of the Application.

In any case, the Owner does not provide an archiving service for documents drafted on the basis of data entered by the User. The Owner also offers no guarantee about the availability, at all times, of the "locked" document, reserving the right, at its sole discretion, to delete/edit documents at any time, including as a result of changes in the models underlying them.

Consulting services

Consulting services are provided to Subscribers only by selected external professionals and, if due, duly registered in the professional registers of the national territory and obliged to full compliance with the current ethical regulations prescribed by the Orders to which they belong.

All professionals are obliged to manage the processing of the User's personal data received to their knowledge under conditions of absolute security and confidentiality in accordance with any deontological and Privacy regulations.

After registration, the User will be able to submit from his/her personal area a request for advice, which the Owner will assign to the professional with the greatest specific expertise and professional experience on the subject of the request.

The first 15 minutes of each consultation are always free. If the counseling is not completed within the 15-minute period, the User will receive a cost estimate from the professional, which he or she will be free to accept in order to proceed with the counseling.

Contact with the User will be made within 48 working hours of receipt of the request or within the different time frame agreed between the User and the assigned professional.

  1. Stipulation, conclusion and effectiveness of the Conditions

The contract for the purchase of Products is concluded by the exact completion and submission of the order form. This form contains the details of the ordering party and the order, the price of the Product purchased, any additional charges, and the method and terms of payment.

The moment the Owner receives the order from the User, it will either send a confirmation e-mail or display a printable web page confirming and summarizing the order, in which the data recalled in the previous point will also be shown.

The Conditions shall not be considered effective between the parties in default of the preceding paragraph.

The Owner may modify or simply update these Terms, in whole or in part. The User acknowledges and agrees that any changes to these Terms will apply to orders submitted by Users after the date of notice of change to the Terms. You are therefore encouraged to review the Terms each time you access the Application and are advised to print a copy for future reference.

  1. Registration

In order to use certain features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy privacy@bearplast.it and these Terms. It is the User's responsibility to guard his/her login credentials.

It is understood that under no circumstances shall the Holder be held liable in the event of loss, dissemination, theft or unauthorized use by third parties, for whatever reason, of Users' access credentials.

  1. Account deletion and termination

Registered Users may stop using the Products at any time and deactivate their accounts or request deletion through the Application interface, if possible, or by sending written notice to privacy@bearplast.it

The Owner, in the event of User's violation of these Terms or applicable legal provisions, reserves the right to suspend or terminate User's account at any time and without notice.

  1. Purchases on the Site

The purchase of one or more Products through the site or application is permitted to both Users who hold the status of Consumer and Users who do not hold that status.

Pursuant to art. 3, I paragraph, lett. a) of D. lgs. 206/2005 ("Consumer Code") please note that the quality of Consumers is held by individuals who, in relation to the purchase of the Products, act for purposes unrelated to the entrepreneurial, commercial, professional or craft activity possibly carried out.

Individuals are allowed to purchase only if they are eighteen years of age or older.

The Owner strives to describe and present the Products sold on the Application in the best way possible. Nevertheless, some errors, inaccuracies or minor differences between the Application and the actual Product may become apparent. In addition, any photographs of the Products on the Application do not constitute a contractual element, as they are only representative.

The User expressly gives the Holder the right to accept even partially the order placed (for example, in the event that there is no availability of all the Products ordered). In this case, the contract will be deemed to have been completed with respect to the Products actually sold.

The Holder reserves the right to refuse an order:

    1. When the Product is not available;
    2. When authorization to charge the User for the cost of the Product is denied;
    3. when an obviously incorrect price is indicated at the time of purchase and recognizable as such. In such a case, the User will be contacted by Customer Service to be informed and will receive a refund related to the transaction made.
  1. Prices and payments

The Holder reserves the right to change, at any time, the price of the Products. It is understood that any changes will in no case affect contracts already concluded prior to the change.

The sale prices of the Products do not include VAT; any other taxes payable by the User will be indicated before the confirmation of the purchase.

The User agrees to pay the price of the purchased Product at the time and in the manner specified in the Application and to communicate all data necessary to make possible the proper delivery of the Products.

Any refund to the User will be credited promptly by one of the methods proposed by the Holder and chosen by the User and, in the case of the exercise of the right of withdrawal, no later than within 30 days from the date on which the Holder became aware of the withdrawal.

The Application uses third-party tools for payment processing and in no way comes into contact with the payment data provided (credit card numbers, cardholder names, passwords, etc.).

Should such third party instruments deny payment authorization, Holder will not be able to supply the Products and will not be liable for any delay or non-delivery.

  1. Billing

The User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User, which he/she declares and guarantees to be true, will be used as the basis for the invoice, releasing to the Owner every ample indemnity in this regard.

  1. Method of execution of Products and Consulting Services

The Owner will provide the Products to the User, in the manner and within the term chosen by the User or indicated on the Application or in the order confirmation.

In relation to the Consulting Services, these will be rendered to Users, upon agreement with the professionals, with the utmost diligence, good faith and fairness. In the event that the professional is unable to provide the advice within the specified time, timely notice will be given to the User by e-mail, including an indication of when the advice is expected to be provided or the reasons why the advice is definitely impossible.

If the User does not wish to accept the new term or the service has become impossible, the User may request a refund which will be credited promptly by one of the methods proposed by the Holder and chosen by the User and, in the case of the exercise of the right of withdrawal, at the latest within 30 days from the date on which the Holder became aware of the withdrawal.

  1. Subscription

The Application offers subscription Products. In this case, payments begin on the date specified at the time of subscription.

Subscription subscriptions are automatically renewed annually. The renewed subscription will extend for a period of time equal to the original period. Users can disable automatic renewal at any time through the Application interface, if possible, or by contacting the Owner directly at privacy@bearplast.it

  1. Right of withdrawal

If the User has purchased a Service or subscription that is not suitable and/or conforms to his/her needs, he/she must send written notice to BEAR PLAST S.R.L.or on the Site chat, including the identifying details necessary to identify the purchase.

The Owner will make every effort to find the most suitable solution to the User's needs. If this is not possible, the User must notify the same address BEAR PLAST S.R.L. or on the Site chat of the desire to withdraw from the contract.

The User acknowledges and agrees to lose the right of withdrawal with respect to:

    • Consulting services, within 48 hours after acceptance of the quote provided that the consulting has not already been rendered or after the consulting has been fully rendered;
    • Products, within 30 days of purchase;
    • subscriptions, within 12 months of purchase.

If the User decides to withdraw within the above terms, the Owner will refund - in the same payment methods used by the User - all payments received by the User without undue delay and, in any case, within 30 days from the day on which the User informed the Owner that he/she wishes to withdraw from the contract.

  1. Industrial and Intellectual Property Rights

The Owner represents that it is the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Application and/or the materials and content available on the site and/or Application.

These Terms do not grant you any license to use the Site and/or Application and/or individual Content and/or materials available therein, unless otherwise governed.

All trademarks, whether figurative or named, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, and logos appearing on the Site and/or Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties.

Any reproductions in any form of the explanatory texts and contents in the site and / or Application, if not authorized, will be considered violations of the intellectual and industrial property right of the Owner.

  1. Disclaimer of warranty, liability and duties of the User

The site and/or application is provided on an "as is" and "as available" basis, and the Owner makes no express or implied warranties with respect to the Products generated through the progressive compilation wizard, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will never be interrupted or free of errors, viruses, or bugs.

The generation of Progressive Compilation Wizard Products offered by the Application is merely to make available to the User technological and assistance tools that support them in managing the legal aspects of their business.

Under no circumstances can the Products be considered legal advice, nor, can the relationship between the Owner and the User be traced back to the relationship between client and lawyer.

In particular, as far as the generation of Products is concerned, it is carried out independently by the User, who remains solely responsible for verifying that the Product and the clauses contained therein are in accordance with his or her own activity, with the laws, regulations and local customs in force.

Any explanatory texts provided in correspondence with the Products and the answers to Users' questions communicated via the Application chat are merely intended to facilitate the use and understanding of the Products and are therefore not exhaustive in nature and may not fit the User's specific case and are in no case a substitute for legal advice or the assistance or advice of a professional.

In relation to Consulting Services, they are rendered by independent freelance professionals who apply conditions and fees they deem appropriate. Therefore, the relationships maintained between professionals and Users occur without BEAR PLAST S.R.L. being a party to the relationship and will not imply any liability of BEAR PLAST S.R.L. for professional services rendered.

The Owner will endeavor to ensure that the site is available continuously 24 hours a day, but shall in no way be held liable if, for any reason, the site is not accessible and/or operational at any time or for any period. Access to the site may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons wholly beyond the Owner's control or for events of force majeure.

The User who accesses the services offered on the site is solely and exclusively responsible for the data he transmits for the purpose of the completion of individual Products as well as for the ownership of such data and, if referring to third parties, the free availability for their processing.

The User releases the Owner from any liability in connection with the unlawful dissemination of third-party content or use of the Application in a manner contrary to law.

  1. Confidentiality obligations

The Holder undertakes to keep strictly confidential and confidential and not to disclose to third parties, except to the extent strictly necessary for the purpose of supplying the Product, any data or information of which it has been made aware or has simply become aware in any form and/or in any medium.

Without prejudice to the general obligation of confidentiality set forth above, the Owner hereby acknowledges the confidential nature of User's information and documents of which it will become aware and acknowledges that any rights directly or indirectly related to their use are and will remain the exclusive property of the User.

The Owner undertakes to ensure, also pursuant to Article 1381 of the Civil Code, that all third parties, to whom the confidential information will be made available for the purpose of the execution of the contract, act in compliance with the above obligations of confidentiality.

  1. Limitation of Liability

The Owner shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its own control or that of its subcontractors.

The Owner shall also not be liable with respect to damages, losses and costs incurred by the User as a result of the non-performance of the contract due to causes not attributable to the Owner, the User being entitled only to the eventual full refund of the price paid and any ancillary charges incurred.

The Holder assumes no responsibility for any fraudulent and illicit use that may be made by third parties, of credit cards, checks and other means of payment, when paying for the purchased services, if it proves that it has taken all possible precautions based on the best science and experience at the time and in accordance with ordinary diligence.

The User agrees to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by it, its representatives, contractors, consultants, directors, agents, licensors, partners, and employees), from any obligation or liability, including any legal fees incurred in defending itself in court, that may arise in respect of damages caused to other Users or third parties, in connection with the Uploaded Content or the violation of the terms of the law or the terms of these Terms.

Therefore, the Holder will not be responsible for:

    1. Any losses that are not a direct result of the Holder's breach of contract;
    2. any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User (such as, but not limited to, commercial losses, loss of revenue, income, profit or deemed savings, loss of contracts or business relationships, loss of reputation or goodwill value, etc.);
    3. Incorrect or unsuitable use of the Application by Users or third parties;
    4. The issuance of erroneous tax documents due to errors related to the data provided by the User, the User being solely responsible for correct entry.

In no event shall the Owner be liable for more than twice the amount of the cost paid by the User.

  1. Force majeure

The Owner shall not be held liable for failure or delay in the performance of its obligations, for circumstances beyond the Owner's reasonable control due to events of force majeure or, in any case, unforeseen and unforeseeable events and, in any case, independent of the Owner's will such as, but not limited to, failures or interruptions to telephone or power lines, the Internet network and/or otherwise other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the delivery of third-party products, services or applications.

The Holder's performance of obligations will be considered suspended for the period during which force majeure events occur.

The Holder will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.

  1. Linking to third-party sites

The site and/or application may contain links to third-party sites. The Owner exercises no control over them and, therefore, is in no way responsible for the content of these sites.

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

  1. Waiver

No waiver by either party of any article of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated in writing.

  1. Invalidity of individual clauses

If any provision of these Conditions is found to be illegal or invalid, it will not be considered part of the Conditions and this will not affect the remaining provisions, which will continue to be valid to the fullest extent permitted by law.

  1. Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be viewed at privacy@bearplast.it

  1. Applicable law and jurisdiction

These Terms and all disputes regarding their execution, interpretation and validity are subject to Italian law and the exclusive jurisdiction of the court of the place where the Owner is located.

If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the User-consumer's right to bring a case before a judge other than the "consumer forum" pursuant to Article 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedure Code.

  1. Online dispute resolution for consumers

The Consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to non-judicially resolve any dispute relating to and/or arising out of contracts for the sale of goods and services entered into online. Accordingly, the Consumer may use such platform for the resolution of any dispute arising from the online contract concluded with the Holder. The platform is available at the following address: https://ec.europa.eu

Last modified date: 25/05/2018

 

 

Bear Plast S.r.l

Via Monari, 2 42122 Reggio EmiliaREA RE6563Cap. Soc. 258,000 i.v.Vat No. 00292380359CCIAA 126321

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