Conditions of Sale
General terms and conditions of online sales
Updated July 26, 2023
22HBG S.r.l. invites you to carefully read these General Terms and Conditions of Use and Sale (hereinafter referred to as the “General Terms and Conditions of Use and Sale”), before proceeding to purchase the Products and/or Services on the PeperoniAI MarketPlace Platform. These General Terms and Conditions of Use and Sale must be accepted at the time of purchase, together with the Privacy Policy made available by 22HBG S.r.l. on this Website in the appropriate section.
INDEX
1. DEFINITIONS
2. GENERAL CONDITIONS OF USE
3. GENERAL CONDITIONS OF SALE
4. FINAL CLAUSES
1. Definitions
- Website: website www.peperoniAi.com (and its related domains) developed and maintained by 22HBG, from which the Client can access the PeperoniAI MarketPlace Platform;
- PeperoniAI MarketPlace Platform: an online service developed and managed directly by 22HBG for the direct marketing of its Products and/or Services, called PeperoniAI MarketPlace;
- App: application developed by 22HBG for smartphones/tablets and similar technological devices, from which the Client can access the PeperoniAI MarketPlace Platform;
- Professional: 22HBG S.r.l. (hereinafter, “22HBG”), with registered office in Via Modena, no. 119 – 44122 Ferrara, C.F./P. Iva 01855410385, registered with the Ferrara Companies Register under no. 01855410385, as the owner of the
PeperoniAI MarketPlace Platform; - Customer: any natural or legal person, who has completed the registration process on the Website www.peperoniAi.com and/or the App and who uses the PeperoniAI MarketPlace Platform in accordance with the law and these General Terms and Conditions of Use and Sale;
- Consumer: the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, pursuant to Art. 3 of the Consumer Code;
- Services and Products: goods and/or services offered for sale directly by 22HBG featured on the PeperoniAI MarketPlace Platform.
2. General Terms and Conditions of Use.
The purpose of these General Terms of Use is to define the conditions of use of the E-commerce Platform called “PeperoniAI MarketPlace”, accessible by means of the Website and the App.
Anyone accessing the Website and App agrees to use its contents and services in accordance with the law and these General Terms and Conditions of Use and Sale.
1. GENERAL INFORMATION, ACCESS ARRANGEMENTS AND DESCRIPTION OF SERVICES
1.1. General information about PeperoniAI MarketPlace
Peperoni is an online platform that provides users mainly with technology and IT services, inherent to the telecommunications and broadcasting industries. Specifically, 22HBG has developed a series of cutting-edge information technology solutions, particularly leveraging the capabilities of artificial intelligence and known and future technologies, which Customers will be able to take advantage of by choosing the services in the PeperoniAI MarketPlace Platform itself.
The use of PeperoniAI MarketPlace by Customers, via the Website and/or App, is free of charge.
1.2. Methods of access
The Customer accesses the PeperoniAI MarketPlace Platform after enabling their account/profile on the Website. Alternatively, you can login through her social login (such as the” Register with Facebook” function, etc.). When registering in the “Billing Details” section, the Customer is required to:
- enter the required data, also stating that you are 18 years of age or older;
- Verify that the data provided are correct and complete;
- Immediately report any changes in the information provided by accessing the “inside of your personal profile” section.
22HBG reserves the right to prevent access to the Website and/or suspend and/or terminate an account, remove or modify the contents of the Website at its discretion, in case of violation of applicable legal provisions and these General Terms and Conditions of Use and Sale.
1.3. Description of Services/Products
The Services/Products that can be purchased on PeperoniAI MarketPlace there are:
- PeperoniAI Content on Demand: this is a service that takes advantage of artificial intelligence (AI) speech synthesis, thus allowing audio files to be processed from text (text-to-speech);
- API – AI Prompt: this is a service that allows the Client to use certain inputs (so-called prompts) to process and generate text, image or audio files;
- App Radio: development and implementation of a cross-platform app with basic functionality. This solution is aimed at radio stations that already take advantage of App-based streaming. The service consists of the realization of the
Player App with branded interface (logo and colors) for iOS/Android operating systems. Features
integrated consist of the commands: Play, Pause, Volume, Background Play, Share, Alert, Turn Off Timer; - InCar App: development or integration on existing mobile application of extension for Apple CarPlay and Android Auto. The basic functionality provided is play/pause of the main flow with configuration of the UI/UX structure in line with the platform guidelines;
- FM-WORLD Recording Studio Rental: The studio is equipped with professional equipment that can provide you with the highest quality audio and video at all times.
Equipment on hand as of June 26, 2023: AKG and RODE condenser microphone
Tascam multitrack mixer, Presonus monitor speakers, AKG studio headphones, Logitech Streaming Webcam, OMNIA 9 audio processor, FL Studio editing software. FM-World’s studio is located in Ferrara at the headquarters of 22HBG. It is equipped with all the best and latest technologies to be able to meet any radio and video needs. - Skill Alexa: smart speaker app development: custom skill to be heard
With Amazon Echo devices. Development and publication on the Amazon Alexa platform.
Implements the following features: streaming streams audio/video streams: 1 (one), start commands, stream pause, GUI development according to the client’s style (following Amazon Alexa guidelines). - Dedicated journalism platform: a service that includes the implementation of a customized news section on the FM-World website, which also includes the production of journalistic content and the
placement on FM-World itself; - Merchandise and gadgets. Products that can be purchased directly on PeperoniAI MarketPlace are: sale of accessories, clothing and hardware branded with 22HBG logo and colors, FM-world, etc.
1.3.1. For each Service and/or Product offered for sale, the Customer is informed:
- Of the key features in a descriptive sheet;
- Of the price;
- Of the available delivery methods (for Products only);
- Of the amount of shipping charges (for Products only);
- Of delivery terms (for Products only);
- Of the return conditions (for Products only);
1.3.2. The Customer must carefully read and review the description, information and features of the Service and/or Product, the applicable terms and conditions of sale, shipping and return, and accept them before proceeding with the purchase.
1.3.3. Each individual Customer who has registered for the PeperoniAI MarketPlace Platform can:
- Place one or more orders, viewable in the shopping cart;
- Check/monitor the status of your order at any time from the “Menu > My Orders” section;
- contact 22HBG or PeperoniAI MarketPlace through an interface of the Help Desk interface;
- access the invoice made available by 22HBG in the “Menu > My Orders” section or, in its absence, contact the Professional directly from the same section indicated, specifying how
reason for contact “Invoice request.”
2. RESPONSIBILITIES OF 22HBG
22HBG is committed to ensuring the availability and proper functioning of the PeperoniAI MarketPlace Platform via the Website. However, access may be temporarily interrupted by maintenance activities, uploading of updates, new Services and Products, or problems beyond the control of 22HBG itself.
No liability arising from, but not limited to, 22HBG:
- from the use that Customers may make of the Website and what is published therein in violation of intellectual and/or industrial property rights;
- from delays, inefficiencies or suspensions in the access to the PeperoniAIMarketPlace Platform by the Customer when entering its data in the purchase procedure, from the slowness or inability to receive the confirmation of the Customer’s order or from any anomaly that may occur when such events depend on third parties or are due to fortuitous event or force majeure, or any other event not foreseeable and preventable by 22HBG;
- from technical-operational problems related to the e-mail address provided by the Customer for sending the order confirmation.
Force majeure or unforeseeable circumstances include, but are not limited to, the following: exceptionally adverse weather conditions, fires, explosions, hacker attacks, civil unrest, wars, pandemics, industrial disputes (including those not involving the Parties’ employees), acts of government or other local or national authorities.
3. RESPONSIBILITY OF THE CUSTOMER
Customer shall not use “PeperoniAIMarketPlace” for any purpose other than those expressly stated in these General Terms and Conditions of Use and Sale.
In the event of conduct deemed not in compliance with the law or these General Terms and Conditions of Use and Sale, 22HBG, in its sole discretion, may suspend the Customer’s account and, in cases of particular gravity, proceed with a report to the competent authorities.
In particular, Customers are prohibited from:
- reverse engineer, disassemble, modify, or create derivative works based on “PeperoniAIMarketPlace” or any portion thereof;
- circumvent the computer systems used by “PeperoniAIMarketPlace” or its licensors to protect the content accessible through the PeperoniAIMarketPlace Platform;
- copy, store, modify, implement derivative services or alter in any way the content provided by 22HBG through “PeperoniAIMarketPlace”;
- Use any robot, spider, site search/retrieval application, or any other automated device, process, or means to access, retrieve, scrape, or index any portion
Of “PeperoniAIMarketPlace” or its contents; - lease, dismiss or sub-license “PeperoniAIMarketPlace.”
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The trademarks “22HBG,” “Peperoni,” “PeperoniAI,” “PeperoniAI MarketPlace,” “TX-Control,” “FM-world” as well as the domain name “22hbg.com” are the exclusive property of the Professional. They are protected by trademark, unfair competition and other applicable laws and any trade agreements. Therefore, any use of the same or any similar identifying marks that may generate confusion as to their relative origin or ownership is expressly prohibited without the prior written permission of 22HBG.
The graphic design, as well as any intellectual work, distinctive sign or name, image, photograph, written or graphic text and, more generally, any other intangible assets and elements that make up the Website and App – including the PeperoniAIMarketPlace Platform – are protected by applicable industrial and intellectual property laws.
22HBG does not grant any explicit or implicit license or authorization for the exploitation of intellectual and/or industrial property rights or on any other right or property arising, directly or indirectly, from the content on the Website and App.
Any unauthorized use of the Website, the App and/or the PeperoniAIMarketPlace Platform constitutes a violation of industrial and/or intellectual property rights, which entails civil and/or criminal liability on the part of the Client.
3. General terms and conditions of sale
The General Terms and Conditions of Sale specified below govern the sale of Services and/or Products through the PeperoniAIMarketPlace Platform.
1. SALE OF SERVICES
To purchase a Service on the PeperoniAIMarketPlace Platform, the Customer must:
- select the Service to be added to the cart;
- Expressly accept the General Terms and Conditions of Use and Sale and the Privacy Policy;
- select the payment method to complete the purchase.
Once the order has been placed, the Customer will receive confirmation of the purchase itself from 22HBG at the indicated e-mail address, including the processing timeline. In any case, the customer may contact 22HBG, through the appropriate section, for information on the progress of the Service.
In any case, once the Service has been purchased, the Customer may change or cancel it within the next 24 hours.
2. SALE OF PRODUCTS
To place an order on the PeperoniAI MarketPlace Platform, the Customer must:
- Select the Products to be added to the shopping cart;
- select the delivery method, from those proposed by 22HBG;
- State the delivery address;
- Expressly accept the General Terms and Conditions of Use and Sale and the Privacy Policy;
- select the payment method to complete the order.
Once the order is placed, the Customer will receive at the indicated e-mail address confirmation of the order from 22HBG.
If, after the validation of the order, 22HBG ascertains the partial or total unavailability of the ordered Products, it shall immediately notify the Customer, who may then receive, as the case may be:
- An e-mail partial confirmation of the order;
- An email to cancel the order.
In either case, the Client may:
- Request a full refund of the payment made against the cancellation of the entire order;
- Request partial and/or full replacement of the Product;
- Confirm the partial order with refund of the remaining amount.
In any case, once the order has been placed, the Customer may change or cancel it within the next 24 hours, and in any case before the order has been shipped.
The Customer can check the status of his/her order at any time on the Website and App, through the “Menu > My Orders” section.
3. PRICE OF SERVICES AND PRODUCTS AND PAYMENT OF ORDERS
3.1 Price of Services and Products
The sale price of the Services and/or Products on the Website is stated in Euros and includes VAT and any other applicable taxes. The price of the Products may be changed by 22HBG at any time.
To the sale price, must be added the shipping costs of the Products, which are however indicated in the description sheet of each Product. These costs will be specifically stated at the time of payment, as listed below.
3.2 Payment of orders by the Customer
The Customer will always be solely and exclusively responsible for all costs arising from internet access services, telephony, and/or other expenses of any nature necessary to be able to access the platform.
The Customer pays for the order and shipping charges (where applicable) directly through the Website and/or App with a valid credit or debit card (the credit or debit cards accepted to date on the Website and App are: Visa and MasterCard), or through the PayPal or Stripe system.
The Customer agrees to notify 22HBG of any fraudulent charges to the card used for purchases on the Website and/or App as soon as possible to allow for timely action.
4 Delivery of Products
4.1 Delivery conditions
The purchased Products are delivered directly by 22HBG or its agents, within the time specified at the time of order, to the address specified by the Customer at the time of purchase and in accordance with the General Conditions of Sale.
22HBG is committed to making the order traceable, as agreed upon with its suppliers/carriers.
22HBG shall not be liable in case of delay in delivery, loss or damage of the goods due to causes attributable to the parties appointed by it (suppliers/couriers) in accordance with applicable regulations.
4.2 Shipping costs
The minimum amount of shipping charges is indicated on the Product description sheet and may differ depending on the delivery method chosen by the Customer at the time of order.
The total amount of shipping charges applied is shown to the Customer in the final order summary at the time of payment, before the Customer validates the order.
Shipping charges are considered accepted by the Customer at the time of purchase.
5 Right of return
In compliance with the provisions of the Consumer Code, the Customer may exercise the right of withdrawal for a period of 14 (fourteen) calendar days from the receipt of the Product or from the conclusion of the contract in case the subject of the contract is the provision of Services.
To exercise the right of withdrawal and return a Product, the Customer must contact 22HBG by accessing the appropriate section.
Once 22HBG has received the return of the Product and authorized the refund, the refund will be paid by the same payment method used to make the initial purchase, within 3 (three)/7 (seven) business days.
Notwithstanding the above, Products that do not meet quality standards or that have defects or anomalies that may affect their proper use may be returned to 22HBG, which shall assume responsibility for them in accordance with applicable consumer protection legislation.
6 Guarantees
6.1 Legal Warranty of Products
The right relating to legal warranties is exercised exclusively against 22HBG, in accordance with the General Terms and Conditions of Sale.
Until the term of two years from the delivery of the Products, 22HBG shall be liable to the Customer, pursuant to Articles 130 and 132 of the Consumer Code, for any lack of conformity of the products existing at the time of delivery, with particular regard to products found to be defective or damaged.
The Customer forfeits the rights granted to him by Art. 132, paragraph 2, of the Consumer Code if he does not report the detected conformity defect to 22HBG within 2 (two) months from the date he discovered the defect.
22HBG will make every diligent effort to replace at its own expense, with other products of the same quality and kind, those products delivered that are damaged or defective, provided that the same have been returned by the Customer in the original packaging (complete with all parts that make it up). If replacement with the same product is not possible, 22HBG will refund to the Customer the amount paid for the product found to be defective, excluding any further liability for any reason whatsoever.
6.2 Commercial warranty
In accordance with the Consumer Code, some Services and Products may include a commercial warranty that is provided by 22HBG.
These warranties are stated in the description sheet of each individual Service and/or Product at the time of sale on the Website and/or App.
In case of any problem with a Service and/or Product, the Customer should keep the purchase invoice and contact 22HBG.
Notwithstanding the commercial warranty, the Customer continues to benefit from the provisions for legal warranties as stated in the previous clause.
4. Final Clauses
1. APPLICABLE LAW AND PLACE OF JURISDICTION
These Terms of Use and Sale are governed by Italian law.
Disputes or disputes arising from the purchase of Services and/or Products through the Website and App shall be under the jurisdiction of the Judicial Authority of the place of residence or domicile of the Customer/Consumer.
Exclusively with respect to Consumers in the European Union, the European Commission provides the Online Dispute Resolution Platform to resolve disputes amicably (Article 14 paragraph 1 of Regulation (EU) 524/2013), accessible at https://ec.europa.eu/consumers/odr.
The European Commission will forward the Consumer’s complaint to the relevant national ombudsmen who will be notified accordingly.
2. MODIFICATION OF THE CONDITIONS OF USE OF THE PeperoniAI MarketPlace Platform.
22HBG reserves the right to change, at any time and without notice, the layout and configuration of the Website, as well as these Terms of Use and Sale, the updated version of which, in any case, will always be accessible.
3. PARTIAL NULLITY
In the event that any clause of these Terms of Use and Sale is declared invalid, the other clauses shall remain in force and shall be interpreted taking into account the will of the parties, the purposes of these Terms of Use and Sale, and, in the alternative, by virtue of the general principles of the legal system.
22HBG’s failure to exercise any right under these Terms of Use and Sale shall not be construed as a waiver of such right, except in the case of an express waiver in writing by 22HBG or a statute of limitations on the action, as the case may be.
4. PRIVACY AND COOKIE POLICIES
The Privacy Policy and Cookie Policy are posted on the Website and App and apply to any use of the Website and App by the Customer/Consumer.
For detailed information on processing methods and purposes, please refer to the specially dedicated area of the website that can be reached at: https://www.peperoni.ai/privacy-policy
5. COMMUNICATIONS BETWEEN 22HBG AND THE CUSTOMER
For any questions and/or complaints regarding the operation of 22HBG’s E-commerce Platform or to make other communications to 22HBG, the Customer may contact the following addresses:
– Postal address: 119 Via Modena – 44122 Ferrara
– E-mail: info@22hbg.it.
The Customer may also contact 22HBG through the “HelpDesk – Customer Service” section of the Website.