The terms and conditions to which Sofia Stella Communications SA provides users with access to their services available on the website and on the application www.sofiastella.com are described below.

1. Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:

Owner: Sofia Stella Communications SA, with registered office in via Caslaccio 14 Monteceneri CH, VAT number CHE-112.624.076, e-mail address info@sofiastellacommunications.com;

Application: the website and the www.thinkpunk.it application, managed by the Data Controller, which offers a digital platform that provides content such as e-books, videos, etc ..;

Products: the products and / or services offered through the Application;

User: the subject accessing the Application, without distinction of legal nature and purpose, interested in the Products offered through the Application;

Consumer: a natural person acting for purposes extraneous with respect to commercial, craft or professional business carried out;

Conditions: this contract governing the relationship between the Owner and the Users and the sale or delivery of the Products offered through the Application.

2. Stipulation, conclusion and effectiveness of the Conditions

The purchase contract of the Products ends with the exact compilation and submission of the order form. This form contains the details of the purchaser and the order, the price of the Product purchased, any additional accessory charges, terms and conditions of payment, the timing for the performance of the Product, and the existence of the right of withdrawal as well as the consent to the processing of personal data.

When the Owner receives from the User the order sends a confirmation e-mail or the display of a web page confirming and summarizing the order, printable, which will also contain the data recalled in the previous point.

The Conditions are not considered effective between the parties in defect of what indicated in the previous point.

The Owner may modify or simply update, in whole or in part, these Conditions. The User acknowledges and agrees that any changes to these Conditions will apply to orders sent by Users after the date of notification of changes to the Conditions. The User is therefore invited to view the Conditions for each access to the Application and it is advisable to print a copy for future reference.

3. Registration

To be able to use some features of the Application, Users must register providing, in a truthful and complete way, all the data requested in the relative registration form and accept the privacy policy (http://www.thinkpunk.it/privacy) and these Conditions. The User has the burden of keeping his login credentials.

It is understood that under no circumstances may the Data Controller be held liable in the event of loss, dissemination, theft or unauthorized use by third parties, under any title, of the Users' access credentials.

4. Account cancellation and closure

The Owner, in case of violation by the User of these Conditions or applicable provisions of law, reserves the right to suspend or terminate the User's account at any time and without notice.

5. Purchases on the Application

The purchase of one or more Products through the Application is allowed both to Users who have the quality of Consumers, and to Users who do not have this quality.

Pursuant to art. 3, I comma, lett. a) of the Legislative Decree 206/2005 ("Consumer Code"), it is recalled that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any business, commercial, professional or craft activity carried out, are Consumers' quality.

To natural persons the purchase is allowed only on condition that they have completed the eighteen years.

The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nevertheless, there may be some errors, inaccuracies or small differences between the Application and the actual Product. Furthermore, any photographs of the Products present on the Application do not constitute a contractual element, as they are only representative.

The User expressly attributes to the Owner the right to accept even partially the order placed (for example in the case in which there is no availability of all the Products ordered). In this case, the contract will be considered perfected in relation to the products actually sold.

The Owner reserves the right to refuse an order:

when the Product is not available;

when the authorization to debit the cost of the Product to the User is denied;

when at the time of purchase a price that is obviously wrong and recognizable as such is indicated. In this case, the User will be contacted by Customer Service to be informed and will receive a refund related to the transaction.

6. Prices and payments

The Owner reserves the right to modify, at any time, the price of the Products. It is understood that any changes will not prejudice the contracts already concluded before the change.

The sales prices of the Products are inclusive of VAT, if due; any other tax charged to the User will be indicated before confirming the purchase.

The User undertakes to pay the price of the Product purchased in the times and methods indicated in the Application and to communicate all the data necessary to make the correct supply of the Products possible.

Any refund to the User will be credited promptly by one of the methods proposed by the Owner and chosen by the User and, in case of exercise of the right of withdrawal, at the latest within 30 days from the date on which the Controller became aware of the withdrawal .

The Application uses third-party tools for processing payments and does not in any way come into contact with the payment information provided (credit card number, name of the cardholders, password, etc.).

Should such third-party tools deny payment authorization, the Holder can not provide the Products and will not be liable for any delay or for a non-delivery.

7. Billing

The user who wishes to receive the invoice will be asked for billing information. For the issuance of the invoice, the information provided by the User that he declares and guarantees to be true shall be authenticated, releasing to the Owner all further indemnity in this regard.

8. Method of execution of digital products and / or services

Digital Product means any good in digital format not provided on a physical medium.

Service means the commitment to perform a certain service in favor and / or on behalf of the User.

The Owner will provide the Products (digital products and / or services) to the User, in the manner and at the time chosen by them or indicated on the Application or in the order confirmation. In the event that the Holder is unable to supply the Product within the prescribed period, it will be promptly notified by e-mail to the User, indicating when it is planned to provide the Product or start the service or of the reasons that make the performance itself definitively impossible.

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

Except as specifically provided for by the Owner in the previous points, to be understood here expressly referred to, the same undertakes to supply the Product with the utmost diligence, good faith and correctness.

9. Subscription

The Application offers Subscription Products whose duration is indicated in the Application. Payments start on the date specified at the time of subscription.

10. Right of withdrawal of digital products and / or services

The User who for any reason is not satisfied with the purchase of Digital Products (not provided on a material support) or services can withdraw from the contract within the term of 14 days from the day of conclusion of the contract, sending a communication written to the e-mail address support@sofiastella.com, including the identification details needed to identify the purchase.

The User acknowledges and agrees to lose the right of withdrawal in relation to:

to services after the complete provision of the service, if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract;

to Digital Products, if the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case he would lose the right of withdrawal.

If the User decides to withdraw within the above term, the Holder will reimburse all payments received from the User without undue delay and in any case no later than 30 days from the day on which the User has notified the Owner of the intention to withdraw from the contract.

The Holder will reimburse the price of the Product in the same payment methods used by the User.

11. Optional form to exercise the right of withdrawal

Optionally, the User can withdraw using the following form, which must be completed in its entirety and sent to the e-mail address support@sofiastella.com, before the expiry of the withdrawal period:

With this form I communicate the withdrawal from the contract of sale related to the following goods / services: __________

Order number: _______

Ordered on: _______

Name and surname: _______

Address: ______

E-mail associated with the account from which the order was placed: ____________________

Date: __________

12. Industrial and Intellectual Property Rights

The Holder declares to be the holder and / or licensee of all the intellectual property rights related to and / or related to the Application and / or the materials and contents available on the Application.

These Conditions do not grant you any license to use the Application and / or individual Contents and / or materials available there, unless otherwise regulated.

All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear in the Application are and remain the property of the Owner or its licensors and are protected from the laws in force on the marks and from the relative international treaties.

Any reproduction in any form of the explanatory texts and the contents of the Application, if not authorized, will be considered violations of the owner's intellectual and industrial property rights.

13. Exclusion of the Guarantee

The Application is provided "as is" and "as available" and the Owner provides no explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the Users' needs or that it will not Never interrupt or it will be error free or it will be free of viruses or bugs.

The Data Controller will endeavor to ensure that the Application is available continuously 24 hours a day, but can not in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or due to force majeure events.

14. Limitation of Liability

The Owner can not be held responsible towards the User, except in cases of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside the control of his own or his sub-suppliers.

The Owner will not be liable for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to any full refund of the price paid and any additional charges incurred.

The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the services purchased, if it proves to have adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.

The User undertakes to maintain unharmed and to indemnify the Holder (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal expenses incurred to defend oneself in court, which may arise for damages caused to other Users or third parties, in relation to the Uploaded Content or to the violation of the terms of the law or the terms of these Conditions.

Therefore, the Holder will not be responsible for:

any losses that are not a direct consequence of the violation of the contract by the Owner;

any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not exhaustively, commercial losses, loss of revenues, income, profits or expected savings, loss of contracts or commercial relations, loss of reputation or goodwill value, etc.);

incorrect or unsuitable use of the Application by Users or third parties;

the issue of incorrect tax documents due to errors in the data provided by the User, since the latter is solely responsible for the correct entry.

In no case may the Holder be held liable for a sum greater than twice the cost paid by the User.

15. Force majeure

The Holder can not be held responsible for the non-fulfillment or delayed fulfillment of his obligations, due to circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseeable and unpredictable events and, in any case, independent of the will , as an example and not exhaustive, breakdowns or interruptions to telephone or electrical lines, to the Internet and / or in any case to other transmission instruments, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications.

The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.

The Data Controller will perform any act in its power in order to identify solutions that allow the proper fulfillment of its obligations despite the persistence of force majeure events.

16. Connection to third-party sites

The Application may contain links to third-party sites. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites.

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

17. Renunciation

No waiver by each party of an article of these Conditions will be effective unless expressly declared to be a waiver and be communicated in writing.

18. Invalidity of individual clauses

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

19. Privacy

The protection and processing of personal data will be in accordance with the Privacy Notice, which can be viewed at www.thinkpunk.it/privacy.

20. Applicable law and jurisdiction

These Conditions and all disputes concerning performance, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Holder is located.

If the User is a consumer in accordance with Article 3 of the Consumer Code, the territorial jurisdiction is mandatory of the court of the place of residence or domicile of the consumer, if located in the territory of the Italian State, except for the option for the User -consumer to appeal to a court other than the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set forth in articles. 18, 19 and 20 of the civil code of procedure.

21. Resolution of online consumer disputes

The Consumer resident in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve in a non-judicial manner any dispute relating to and / or deriving from contracts for the sale of goods and services stipulated on the network. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/