Terms and Condition of Sale
General Terms and Conditions for Digital Products
Effective from 04.03.2022
1. Preliminary remark
These General Terms and Conditions (GTC) apply to all digital products supplied by Filiberto Amati (hereinafter referred to as Filiberto Amati) in return for payment or free of charge, and other digital contents, such as audio files (hereinafter referred to as digital products), which are exclusively used in the course of data transmission via the Filiberto Amati online store (hereinafter referred to as the online store ).
2. Contract conclusion/access to digital products
2.1 The contract is entered into by the customer selecting a digital product in the online store and, following successful payment, receiving a download code by email for the selected digital product. Upon concluding the contract, the customer is granted a non-transferable, non-exclusive and unlimited right of use to digital products (for Knowledge Pills the right to access is granted for 30 days) relevant to the contract, which is restricted to the use described in particular in section 5. All rights of use that have not been explicitly referred to shall remain with Filiberto Amati as the holder of all copyrights and property rights.
2.2 The customer’s access to digital products is implemented through downloads in an established format, e.g. PDF, or to access for 30 days to a non-public page with a link to a video content. The customer is obliged to keep his download code confidential and protect it from misuse by third parties. The customer shall inform Filiberto Amati without delay in the event of loss of the download code or suspected misuse of such data. Moreover, Filiberto Amati is entitled to block access to digital products in the event of misuse. The customer is liable for any misuse for which he is responsible.
3. Payment terms
3.1 Digital products can be paid for only by credit card, or PayPal. Invoices are sent by email, upon request. The provisions of section 4 of these GTC apply to consumers.
4. Right of revocation
4.1. Customers who are consumers are entitled to cancel a contract concluded with Filiberto Amati through the exclusive use of one or more means of communication (e.g. phone, letter, fax, email) within fourteen calendar days, without giving reasons.
4.2. The cancellation period commences on the date of contract conclusion in the event that digital contents are not supplied on a physical data carrier.
4.3. In order to exercise your right of revocation, you must inform us of the exercise of your right by means of a clear declaration (e.g. letter sent by post or email) of your decision to cancel this contract:
Kruczkowskiego 6a 19
4.4. In order to do so, you may use the sample cancellation form at the bottom of this page, but this is not mandatory.
4.5 In order to comply with the cancellation deadline, it is sufficient to send a message about exercising the right of revocation before the cancellation period expires.
4.6. If you exercise your right of revocation, we shall return all payments received from you without delay and at the latest within fourteen calendar days of the date on which we received notification of your withdrawal from the contract. We will return the funds using the same method that you used for the original transaction, unless explicitly agreed otherwise with you; you will never be charged any fees for this refund.
4.7. Loss of right of revocation
The right of revocation expires early in the event of contracts for the supply of digital contents not stored on a physical data carrier, such as PDFs for example, if you have explicitly granted consent to performance of the contract commencing before expiry of the cancellation period and you were aware of having waived your right of revocation by giving such consent.
As a result, in the case of digital products, there is no right of revocation for the delivery of digital contents not stored on a physical data carrier, such as PDF or Videos for example, if we – with your explicit consent and acknowledgement of the loss of the right of revocation in the event of commencing contract performance early have commenced delivery prior to expiry of the cancellation period.
5. Copyrights/rights of use
5.1 The client does not acquire any ownership. All copyrights, rights of use and other property rights to digital products remain with Filiberto Amati.
5.2 The customer acquires the right to use digital products provided to him on up to 1 device suited to this purpose.
5.3 The customer hereby undertakes to use the digital products provided to him solely for his own purposes and not to allow third parties separate access to the digital products, either free of charge or in return for payment. The digital products will be individually marked with a digital watermark to allow for the identification and tracking of the original user, in compliance with statutory provisions, in the event of improper use. In the event of the acquisition of copies of a digital product referred to in the offer as a “company licence”, the acquired right of use may be transferred to third parties. In such cases, however, transferability is limited to natural persons in a service or employment contract with the user, or on behalf of whom the user provides training services within the framework of a service contract. In all cases, the user may make each copy of the digital product visible on the terminal devices as often as required. Any further use of the digital product is permitted only within the framework of and in compliance with EU copyright laws.
5.4 The customer is prohibited from altering or removing digital watermarks, copyright notices, labels/trademarks and/or proprietary notices on the digital products.
5.5 Some digital products are accessible to everyone without limitation as open-access publications. The provisions of the specified Creative Commons licence apply to open-access products, i.e. the permitted scope of use can be derived from the designation on the relevant product (BY, NC, ND, SA). If open-access publications are passed on, this must be done with full citation in each case. In particular, reference must be made to: the author or authors; publishing location – i.e. the book or journal title and year of publication; the Creative Commons licence.
6.1 The digital product is selected under the sole responsibility of the customer. If a download is unsuccessful, the customer is entitled to further downloads of the digital product.
6.2. Statutory compensation and warranty regulations apply.
6.3 Damages and defects must be reported to Filiberto Amati as quickly as possible.
7.1 Filiberto Amati shall endeavour to constantly allow for the download of digital products, i.e. 24 hours a day, 365 days a year. However, availability at all times is explicitly not guaranteed. Access may be temporarily restricted in particular for technical reasons, for example due to necessary maintenance and repair operations.
8. Data protection
8.1 We shall exclusively collect, process and store all your personal data in according with the provisions of the GDPR and national laws.
8.2 We will use your personal data solely for the purposes of contractual performance and will never transfer your data to third parties not involved in fulfilling the contract.
8.3 The legal basis for processing your data within the course of an order is constituted by Art. 6(1) (b) GDPR.
9. Final provision
9.1 Polish law is applicable to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.2 If the client is a consumer as defined in KSchG [Consumer Protection Act], the court responsible for the district in which the customer has his domicile, usual residence or place of employment shall have jurisdiction over any legal disputes. In all other cases, the materially competent court in Vienna is agreed as the place of jurisdiction.
Please note that we will not take part in any arbitration proceedings.
The EU Commission provides an internet platform for online dispute resolution (known as the “ODR platform”). The ODR platform is intended as a point of contact for extrajudicial dispute resolution related to contractual obligations arising from online purchase agreements. The ODR platform is available at the following link: http://ec.europa.eu/consumers/odr.