GENERAL TERMS AND CONDITIONS OF USE AND SALE

Dear User,

the following terms of use regulate your use of the website https://247xagencylibrary.com and the purchase of digital products, whether as a guest or a registered user (hereinafter, jointly “User(s)”). By your using the Website you agree unconditionally to be bound by these general terms and conditions of use and sale (hereinafter “General T&Cs” as defined under Clause 1.) and conditions set forth in the Privacy Policy and Cookie Policy. The Website is provided by 247 Growth S.r.l. (hereinafter “247 Growth”). 

Please read the Terms of Use carefully before you start to use the Website. If you do not agree to these Terms of Use, you shall not access nor use the Website.

Definitions

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

247 Growth247 Growth S.r.l. is a company incorporated under Italian law (Fiscal Code 14600131009) with its registered office in Via Costanza B. Vaccolini, 14, I-00153 Roma – Italy.
Consumermeans the natural person who buys for purposes not related to commercial, industrial, craft or professional activity.
Consumer Codemeans Legislative Decree no. 206 of September 6, 2005 and subsequent amendments.
Contentsmeans any text or multimedia elements on the Website, e.g. advertisements, announcements, reviews, images, etc.
Contractmeans an agreement between the user and 247 Growth for the purchase of the Products through the Website.
Productsmeans Electronically products (content and services provided in digital format) supplied via the Website or otherwise provided by 247 Growth (e.g., by means of a download link, or transmitted by email).
Professionalmeans the physical or juridical person who buys for purposes referable to the commercial industrial, handicraft or professional activity carried out.
Purchase Order or Ordermeans the order, with payment obligation on the part of the User, which is realized with the confirmation by 247 Growth in the terms provided.
User(s)has the meaning referred to in the Premise.
Websitemeans the website is located at: https://247xagencylibrary.com which purpose is to provide information on 247 Growth products and services and/or enter into a contract for the provision of electronic services and/or provide such electronic services by 247 and/or enter into a Contract.

A) GENERAL TERMS OF USE

General Provisions

  1. The present terms and conditions of use (“Terms of Use”) govern the use of the Website and the Contents available on the Website. The purchase of Products is governed by paragraph “B. Terms of Sale” below - in the event of a conflict between these General Terms of Use and the Terms of Sale, the Terms of Sale shall prevail.
  2. 247 Growth is entitled to amend these Terms of Use at any time. Any such amendment enters into force on the date of its publication on the Website. 
  3. Access to the Website requires a working internet connection and having a web browser or any other application for browsing contents of the internet installed on the computer or electronic device used by the User. You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
  4. Before using the Website, the User shall read the Terms of Use carefully and save or print them for future reference. Accessing and using the Website constitutes your acceptance of the Terms of Use. 
  5. By accepting these Terms of Use, you certify that you are either a) at least sixteen (16) years of age or older, or b) under sixteen (16) years of age and are using the Website under the supervision of a parent or a legal guardian who has agreed to be bound by these Terms of Use on your behalf. If you are under the age of sixteen (16) and you are not supervised by your parent or a legal guardian, you are not allowed to use the Website. If you are a parent or legal guardian who has agreed to be bound by these Terms of Use on behalf of a child under the age of sixteen (16), you agree to be fully responsible for such child’s use of the Website, including all financial charges and legal liability that such child may incur. If 247 Growth determines that a child under the age of sixteen (16) has provided personal data to the Website, 247 Growth will act in accordance with the Privacy Policy. 
  6. 247 Growth reserves the right to change, at its own discretion, at any time, even after the User’s registration, the graphic interface of the Website, the Contents and their organization, as well as any other aspect that concerns the functionality and management of the Website, informing the User of the relevant instructions, where necessary.


Content of the Website

  1. Trough the Website 247 Growth provides the Users with the followings:
    1. information on 247 Growth Products and services and other information as may, in the 247 Growth discretion, deem appropriate;
    2. information on Contents and Products or manner of entering into contracts for the provision of Products;
    3. entering into Contracts;
    4. any other content as 247 Growth may, at its sole discretion, deem appropriate.
  2. Content on the Website is provided for your review and use in accordance with the Terms of Use. However, the content does not necessarily reflect the opinions, representations, and warranties of 247 Growth. 
  3. 247 Growth may at its own discretion remove, update, amend, temporarily or permanently block, delay or otherwise limit the use of the content of the Website at any time, for any reason and without notice.
  4. Unless provided otherwise, most Products displayed on the Website are made directly by 247 Growth or are made available through 247 Growth Website. 247 Growth endeavours to display and describe its Products. Please read the Terms of Sale sub paragraph “B. Terms of Sale” carefully before making any purchase. By making any purchase you fully accept the Terms of Use and the Terms of Sales.
  5. 247 Growth cannot and shall not guarantee the accuracy, availability or completeness of the Contents, including, without limitation, prices, product images, specifications, dimensions, availability and services. The Contents may contain technical inaccuracies and typographical errors.
  6. The Website may contain links to other websites so that you can learn more about the products or services available on the Website and have access to other information. These links are provided to you only as a convenience and their presence on the Website does not imply endorsement by 247 Growth of such website or of any association with such websites’ operators.
  7. You agree that 247 Growth is in no way responsible or liable for the availability or content of the websites to which the Website is linked.
  8. The registration of the User’s account is not necessary for viewing the content of the Website. Products and related Contracts may be available solely for registered Users.
  9. Submitting enquires or any other communication with 247 Growth through the Website requires your prior consent to be bound by these Terms of Use by ticking respective boxes and pressing the button “Send” or “Submit” as well as, if applicable, consent to Privacy Policy of the Website and other consents as 247 Growth may reasonably require, including but not limited to the Terms of Sale.


Registration

  1. The registration of the User’s account or the registration of access may be necessary for accessing certain content and use the Website’s functionalities. In such case, the User shall provide 247 Growth with certain information, including personal data. You are obliged to provide 247 Growth with accurate, full and current information during the registration of the User’s account or registration of access. Registration of the User’s account or the registration of access shall be free unless otherwise provided on the Website.
  2. The user has the option to select the “Stay logged in” option during the login process. In this way, you will automatically be logged in to the Website every time you access your account, without having to log in again. However, you are responsible for protecting your password and shall ensure that you do not leave your device unattended while logged in to the Website. 247 Growth will not be responsible for any losses or damages resulting from unauthorized use of the User’s account by third parties during the automatic connection.
  3. If you choose, or are provided with, a user name, password or any other piece of information as part of 247 Growth’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal and you agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify 247 Growth immediately of any unauthorized access to or use of your username or password or any other breach of security. 
  4. You also agree to ensure that you log-out from your account at the end of each session. 
  5. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  6. 247 Growth has the right to disable any username, password or another identifier, whether chosen by you or provided by us, at any time in 247 Growth’s sole discretion for any or no reason, including if, in 247 Growth’s opinion, you have violated any provision of these Terms of Use.


Account deletion and termination

  1. The registered User may stop using the Website at any time and deactivate his account or request its deletion via the Website’s interface, if possible, or by sending a written notice to privacy@247x.io.
  2. In the event of a breach by the User of the General T&Cs or applicable legal provisions, 247 Growth reserves the right to suspend or close the User’s account at any time and without prior notice.


Right and obligations of 247 Growth

  1. 247 Growth shall not be held liable for the accuracy and the reliability of information published on the Website, as well as for (1) any unauthorized access to or use of servers on which the Website is hosted and / or on which any of your personal data and / or financial information stored therein; (2) any interruption or cessation of transmission to or from the Website; and / or (3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the Website by a third party. 247 Growth does not warrant, endorse, guarantee or assume responsibility for any hyperlinked website (4) any loss or damage caused by a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any Contents or any Products obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Such disclaimer and limitation of liability shall be to the highest extent permitted by applicable law, specifically it shall not include any damage or loss caused by intentional behavior or gross negligence of 247 Growth or its employees.
  2. You agree that 247 Growth will not be responsible or liable for damage or loss of any kind arising out of your use of the Website. Such disclaimer and limitation of liability shall be to the highest extent permitted by applicable law, specifically it shall not include any damage or loss caused by intentional behavior or gross negligence of 247 Growth or its employees and subject to different provisions of the Terms of Sale.
  3. 247 Growth is not responsible for any irregularities during your use of the Website resulting from:
    1. incorrect functioning of your web browser;
    2. incorrect functioning of internet connection;
    3. adverse actions of third parties;
    4. other reasons not attributable to 247 Growth.
  4. 247 Growth may, at its sole discretion, block access to the Website if the User:
    1. breaches any of the General T&Cs hereof;
    2. uses this Website and/or the Products in breach of any applicable law.
  5. 247 Growth may carry out updates, repairs and maintenance to the Website and other technical facilities and temporarily block access to the Website for the time needed to render such operations. Information about such blockage will be published on the Website.
  6. 247 Growth in no event shall be obliged to confirm the receipt and acceptance of an enquiry or any other communication with 247 Growth through the Website. Lack of confirmation and/or acceptance shall not result in 247 Growth’s liability to remedy any losses suffered by the user.
  7. The Contents of the Website are made available solely for general information purposes and shall not constitute an offer. However, the content of the Website may be considered a proposal to offer the products or services described in. Any use, including reliance on, of such contents is strictly at your own risk. 247 Growth disclaims all liability and responsibility arising from any use of such contents by you or any other visitor to the Website, or by anyone who may be informed of it.
  8. 247 Growth may contact you telephonically or via email in order to receive more information necessary to enter into a Contract or to manage any further requests from the User(s)e. In any case, 247 Growth will act in accordance with the Privacy Policy.
  9. 247 Growth may also contact you via email in order to receive your evaluation of the Website and/or Products. In any case, 247 Growth will act in accordance with the Privacy Policy.


Rights and obligations of the User

  1. You are obliged to provide true and accurate information, including personal data, in your communication with the Website and the registration per Clause 4 above.
  2. You agree to indemnify, defend and hold harmless 247 Growth and its employees from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms of Use; (2) any allegation concerning any content or other material you have submitted or transmitted to the Website that may infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of any party; and/or (3) your activities or omissions in connection with the Website.
  3. Including but not limited to the following, you agree that you will not:
    1. restrict any other visitor from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
    2. use the Website or Contents on or from the Website for any unlawful purpose;
    3. express or imply that any statement you make is endorsed by 247 Growth;
    4. submit data or information to or otherwise transmit material through the Website that is (i) copyrighted, protected by trade secret or otherwise subject to third-party rights or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes 247 Growth’s or any third party’s intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) is non-public information about a company or individual without the express written authorization to do so;
    5. engage in spamming, flooding, phishing or other activity intended to gather information unlawfully;
    6. transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects.
    7. modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
    8. remove any copyright, trademark or other notices of proprietary rights contained on the Website;
    9. frame or mirror any part of the Website without 247 Growth’s prior written authorization;
    10. collect information about Website visitors;
    11. use the Website in any manner and/or for any purpose that may adversely affect 247 Growth’s interest;
    12. impersonate or attempt to impersonate 247 Growth, a 247 Growth’s employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
    13. transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
    14. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm 247 Growth or users of the Website or expose them to liability.


Website availability and Liability

  1. 247 Growth shall endeavour to constantly allow for the access to the Website and the download and/or the streaming of the Products, i.e. 24 hours a day, 365 days a year. However, due to the nature of the Internet, uninterrupted access and error-free transmission cannot be guaranteed. In addition, your access to the Website may also be occasionally suspended or restricted to allow for repair work, maintenance, or the introduction of new activities or services. 247 Growth will attempt to limit the frequency and duration of these suspensions and limitations.
  2. 247 Growth will not be liable for (i) any losses that are not a result of our breach of these terms and conditions or (ii) any loss of business opportunity (including lost profits, revenue, contracts, deemed savings, data, goodwill or unnecessarily incurred expenses) or (iii) any other indirect or consequential loss that was not reasonably foreseeable by either you or us at the time you started using the Website.
  3. 247 Growth shall not be liable for any delay or non-performance of its obligations under these General T&Cs if the delay or non-performance results from unforeseeable circumstances or force majeure. This provision does not affect User’s statutory rights and in particular User’s right to receive the purchased Products within a reasonable period of time or to be reimbursed in the event of non-delivery due to circumstances arising out of unforeseeable circumstances or force majeure. The legal provisions in force in some Countries may prohibit the limitations of liability set out above. In the event that such provisions are applicable, the limitations of liability set forth herein shall not apply and you may have other rights. Nothing contained herein shall limit or exclude 247 Growth’s liability for death or personal injury caused by its negligence or caused by intent or gross negligence.


Protection of personal data

  1. Processing and protection of personal information and data of the User provided to 247 Growth shall be governed by the Privacy Policy.


Intellectual Property Rights

  1. All software, content, features and functionality (including but not limited to all information, text, displays, images, video, and audio, the design, selection, and arrangements thereof) of the Website, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by 247 Growth and might be protected as international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
  2. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, included Contents and Products, except as follows:
    1. the device of the user may temporarily store copies of such materials incidental to your accessing and viewing those materials;
    2. the user may store files that are automatically cached by your web browser for display enhancement purposes;
    3. the user may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  3. The User shall not:
    1. modify copies of any materials from this Website;
    2. use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
    3. delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
  4. In case the User prints, copies, modifies, downloads or otherwise uses or provides any other person with access to any part of the Website in breach of the Terms of Use, the User’s right to use the Website will cease immediately and you must, at 247 Growth option, return or destroy any copies of the materials you have made. 
  5. No right, title or interest in or to the Website or any content on the Website is transferred to the User, and all rights not expressly granted are reserved by 247 Growth. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe copyrights, trademarks and other rights of 247 Growth.
  6. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of 247 Growth and is protected by applicable copyright laws.
  7. The Website may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
  8. The names, trade names, logos, service marks, trademarks and trade dress on the Website, Contents and Products are registered and unregistered trademarks of 247 Growth.


Governing law and Jurisdiction

  1. These Terms of Use are subject to Italian law with the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. For Professional Users, any dispute arising out of or in relation to these Terms of Use (whether contractual or non-contractual) shall be subject to the exclusive jurisdiction of the Courts of Rome.
  3. For Consumer Users any dispute arising out of or in relation to these Terms of Use (whether contractual or non-contractual) is subject to Italian jurisdiction. This is without prejudice to the application to Consumers who are not habitually resident in Italy of provisions which may be more favourable and mandatory provided for by the law of the country in which they are habitually resident, in particular in relation to the term for exercising the right of withdrawal, the term for returning the Products, in the event of exercising such right, the methods and formalities for communicating the same and the legal guarantee of conformity.
    For any dispute relating to the application, execution and interpretation of these Terms of Use, the competent court is the place where the Consumer resides or has elected domicile (if in Italy). Otherwise, the Court of Rome shall have jurisdiction.
    The Consumer who resides in a Member State of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these Terms, to the European Small Claims Procedure, of Regulation (EC) No. 861/2007 of the European Parliament and of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00.
    247 Growth informs the Consumer Users that a European platform for online resolution of consumer disputes has been established (so called “ODR Platform”). The ODR Platform can be accessed at the following link: ec.europa.eu/consumers/odr. Through the ODR Platform the Consumer User will be able to consult the list of ADR entities ((e.g., Alternative Dispute Resolution entities such as mediation, arbitration, and other forms of dispute resolution bodies) and initiate an online dispute resolution procedure for the dispute in which he/she is involved.
    This is without prejudice to the Consumer’s right to refer the dispute to the ordinary judge with jurisdiction, as well as the possibility, where applicable, to promote an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.


Final provisions

  1. Any complaint in connection to the Website must be submitted in the electronic form to the email address: team@247x.io or by registered letter to the address of 247 Growth within seven (7) days from the date when the problem occurred. The complaint must contain the following information: name, surname, business name (if applicable) and description of a problem that was a reason for a complaint, including the date and type of irregularities.
    The complaint shall be considered by 247 Growth within fourteen (14) working days from the receipt thereof.
  2. These Terms of Use constitutes the entire agreement between 247 Growth and the User in relation to the usage of the Website and its Contents.
  3. Any individual and additional agreements between you and 247 Growth require to be made in a written form under the pain of nullity unless otherwise provided herein.
  4. If any part of these Terms of Use is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue to govern your use of the Website, its Contents and the purchase of Products.
  5. The User may not assign, transfer, sub-licence or deal with any of the rights or the obligations under these Terms of Use without 247 Growth’s express permission.
  6. No failure by 247 Growth to exercise any right under these Terms of Use or to take action against the User in the event of a breach of these Terms of use shall constitute a waiver of such right or any other rights under these Terms of Use.

B) TERMS OF SALE


General Provisions

  1. These general terms and conditions of sale (“Terms of Sale”) govern the sale of Products via the Website.
  2. Please read these Terms of Sale carefully before making any purchase. By making any purchase the User fully accepts these Terms of Sale.
  3. 247 Growth reserves the right to change these of Sale at any time to offer new Products, or to comply with legal or regulatory requirements. The applicable Terms of Sale are those in force on the date of transmission of the Purchase Order as per Clause 2 below, unless any changes to such policies and terms are required by applicable law or competent authority (in which case, they will also apply to orders you have previously placed). If any provision of these Terms of Sale is held to be invalid, void or for any reason unenforceable, such provision shall not affect the validity and enforceability of the remaining provisions.


Purchase Orders

  1. All Products offered through the Website are described in detail in the relevant Product pages (e.g., quality, features, availability, price, supply, execution times, accessory charges, etc.; hereinafter “Information Sheet”). The image of the Product may not be perfectly representative of its features, but differ in colour, size, accessories in the images. Therefore, the images of the Products presented on the Website do not constitute a contractual element, as they shall be considered as a mere representation.
  2. Purchases of one or more Products are permitted both to Consumers and Professionals. 
  3. In order to place a Purchase Order, it is necessary for the User to be registered on the Website and to provide - if not already provided during registration process - some simple data, essential for the management of the order (for example: name and surname/company name, e-mail address, telephone number, etc.).  
  4. The User, following the procedure indicated on the Website, will be able to choose the Products he/she is interested in, checking in advance the price and availability.
  5. The offer of Products through the Website shall be deemed as an invitation to prepare an offer and the Order sent by the User as contractual purchase proposal, subject to the confirmation and/or the acceptance of 247 Growth as described below. Therefore, 247 Growth as the right to accept or refuse the Order at its discretion. 247 Growth reserves the right to refuse the Purchase Order in some cases such as (but not limited to):
    1. provision of unrealistic personal data;
    2. previous default of the User on any account against 247 Growth;
    3. in case of partial or total unavailability of the Product(s) indicated in the Purchase Order;
    4. in any other case incompatible with the economic interests and policies of 247 Growth.
      Accordingly, the User is not entitled to complain about 247 Growth’s decision for any reason. 
  6. Before placing the Purchase Order, the User shall verify that the quantities available (if applicable), the prices and the types of Products chosen fully correspond to their needs, as well as verify any additional costs. Before completing the Order, the User shall verify the correctness and completeness of the personal data necessary to complete the purchase process.


Conclusion and effectiveness of the Contract

  1. The Contract will be concluded upon confirmation of receipt of the Order sent by 247 Growth to the e-mail address indicated by the User.
  2. The Contract is entered into by the User selecting a Product in the Website and, following successful payment, receiving alternatively (i) the right to download the selected Product or (ii) the right to stream the Product. 
  3. Upon concluding the Contract, the User is granted a non-transferable, non-exclusive and unlimited right of use to digital products relevant to the Contract, which is restricted to the use described in particular in Clause 9. All rights of use that have not been explicitly referred to shall remain with 247 Growth as the holder of all copyrights and property rights.
  4. The User’s access to Products is implemented through (i) downloads in an established format, e.g. PDF for text documents, (ii) the streaming of the Product in case of video.
  5. 247 Growth is entitled to block access to Products in the event of misuse. The User is liable for any misuse for which he/she is responsible.
  6. The User, in the manner and time agreed, will pay the total amount of the Products and related services, indicated in the Purchase Order. 
  7. If the payment of the Products is not made within the term, in the manner or for the amounts foreseen, the Contract shall be automatically terminated and with no effect.


Products availability

  1. The availability of the Products refers to the actual availability at the time the User places the Order. However, such availability shall be considered purely indicative as there may be a computer anomaly that makes a product available for purchase that in reality is not.
  2. Even after the Order confirmation e-mail sent by 247 Growth, partial or total unavailability of the Products may occur. In this eventuality, 247 Growth will inform the User of the possibility to place a partial order, cancel the Order or place an Order for a different Product.


Reliance

  1. The Products are provided “as is” for general information purposes only and do not constitute professional advice, and the User should not rely on them as such. The Products may not be suitable for User’s purposes.
  2. 247 Growth does not warrant that use of the Products will ensure User’s compliance with any applicable legal or regulatory requirements.
  3. All warranties, representations and obligations not set out in these Terms of Sale (whether expressly or as implied by law) are hereby excluded to the maximum extent permitted by law.


Prices

  1. All sales prices of the Products indicated on the Website are expressed in Euros and, if applicable, are inclusive of VAT and any other taxes.
  2. Ancillary costs, if any, are indicated and calculated in the purchase procedure and clearly specified in the Purchase Order and in the confirmation of receipt of the Order.
  3. The prices of the Products indicated on the Website may contain errors or omissions and, therefore, cannot be considered correct and/or final until the User receives confirmation of receipt of the Order.
  4. In case of errors or inconsistencies with respect to the Order, the User will be contacted by email to proceed with the modification of the Order.


Payments and Refunds

  1. Payment for the Products may be made by the means of payment indicated below or otherwise expressly indicated by 247 Growth before the conclusion of the Order process.
  2. Payment by Credit Cards. To make a payment by Credit Card, the User will be redirected to the secure server of payment provider Stripe. If 247 Growth finds any irregularities in the payment by Credit Card, the Order will be cancelled and the User will be informed immediately.
  3. Payment with PayPal. To make payment with PayPal, the User will be redirected to the PayPal login screen in order to (i) log in to User’s PayPal account, (ii) choose one of his/her payment methods, (iii) click “Continue” and (iv) confirm the payment method by clicking “Agree & Continue”. The User will be then automatically redirected to the Website, where the User will see details of the purchase. Everything will be confirmed by email too (both by PayPal and 247 Growth).
  4. Any refunds - even if resulting from the cancellation of the Order - will be credited with the same payment method used by the User, according to the timing of the specific credit channels, unless otherwise requested by the User.


Invoicing

  1. The User who intends to receive an invoice will be asked for his billing information. The invoice shall be issued on the basis of the information provided by the User, which the User declares and guarantees to be true, hereby waiving 247 Growth’s liability to the fullest extent in this respect.


Legal Warranty for Consumers

  1. Consumer Users are ensured the guarantee of conformity, provided for by Articles 135-decies and following of the Consumer Code, for all digital Products sold through the Website, with the exception of the exclusion case hypotheses provide for in Article 135-novies of the Consumer Code.
  2. 247 Growth is liable responsible for any lack of conformity that occurs within two years from the date of supply. Any lack of conformity must be reported by the Consumer User within twenty-six months from the date of supply of from the last act of supply. When the Sales Contract provides that the digital Products are provided for a certain period of time, the obligation to ensure compliance remains for the entire duration of that period.
  3. If the Consumer User intend to take advantage of the remedies provided for by the guarantee of conformity, he/she must send a written communication to the email address team@247x.io. 247 Growth will promptly reply to the communication of the alleged lack of conformity and will indicate to the Costumer the specific procedure to follow.
  4. For anything not provided for in this clause, the article from Article 135-octions to Article 135-vicies bis of the Consumer Code applies.


Right of withdrawal for Consumers

  1. The Consumer has the right to withdraw from the Contract, without any penalty and without specifying the reason, within 30 days from receipt of the Product.
  2. Users who are Consumers – unless an exception referred to in Article 59 of the Consumer Code is applicable – are entitled to cancel a Contract concluded with 247 Growth through the exclusive use of one or more means of communication (e.g. phone, letter, fax, email) within 30 calendar days, without giving reasons.
  3. The cancellation period commences on the date of Contract conclusion in the event that digital Products are not supplied on a physical data carrier.
  4. In order to exercise your right of withdrawal, the Consumer User must inform 247 Growth of the exercise of such right by means of a clear declaration (e.g. letter sent by post or email) of the decision to cancel the Contract:
    247 Growth S.r.l.
    Via Costanza Baudana Vaccolini, 14 – 00153, Rome (RM), Italy
    Phone number: +393396649228
    Email: team@247x.io
  5. In order to do so, the Consumer User may use the following sample cancellation form. The Costumer can withdraw from the Contract by using the following form, which must be completed in its entirety and sent to the email address team@247x.io before the withdrawal period has expired:

    WITHDRAWAL FORM
    I hereby communicate the withdrawal from the sales or supply contract relating to the following product _____________________________________________________________
    Order number _____________________________________________________________
    Date of the Order _____________________________________________________________
    Name and Surname _____________________________________________________________
    Address _____________________________________________________________
    Email associated with the account from which the order was made _____________________________________________________________
    Date _____________________________________________________________

  6. In order to comply with the cancellation deadline, it is sufficient to send a message about exercising the right of withdrawal before the cancellation period expires.
  7. If the Consumer exercises his/her right of withdrawal, 247 Growth shall return all payments received from the Consumer User concerning the Purchase Order for which the withdrawal is made without delay and at the latest within fourteen calendar days of the date on which 247 Growth received notification of the withdrawal from the Contract. 247 Growth will return the funds using the same method that the Consumer User r used for the original transaction, unless explicitly agreed otherwise. 247 Growth will never charge any fees for this refund.
  8. In the case of an Order consisting of multiple lots of Products, the Consumer has the right to withdraw in respect of some or all of the Products. To exercise the right of partial withdrawal, the Consumer must inform 247 Growth according to Clauses 10.4 and 10.5. The provision of withdrawal clause regarding the reimbursement of payments shall apply to partial withdrawal in the same way as it applies to withdrawal from the entire Contract. It is understood that if the Consumer makes a partial withdrawal, the refund will only cover the Product(s) for which the withdrawal is exercised.
  9. The right of withdrawal expires early in the event of contracts for the supply of digital contents not stored on a physical data carrier, if the Consumer User has explicitly granted consent to performance of the Contract commencing before expiry of the cancellation period and he/she is aware of having waived his/her right of withdrawal by giving such consent.
  10. As a result, in the case of digital Products, there is no right of withdrawal for the delivery of digital contents not stored on a physical data carrier, if 247 Growth – with Consumer User explicit consent and acknowledgement of the loss of the right of withdrawal in the event of commencing contract performance early – has commenced delivery prior to expiry of the cancellation period.


Exclusion of Professional User’s right of withdrawal

  1. The Professional User has no right of withdrawal from the Contract. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him as a Professional User, for whom the right of withdrawal does not apply.


Governing law and Jurisdiction

  1. These Terms of Sale are subject to Italian law with the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. For Professional Users, any dispute arising out of or in relation to these Terms of Sale (whether contractual or non-contractual) shall be subject to the exclusive jurisdiction of the Courts of Rome.
  3. For Consumer Users any dispute arising out of or in relation to these Terms of Sale (whether contractual or non-contractual) is subject to Italian jurisdiction. This is without prejudice to the application to Consumers who are not habitually resident in Italy of provisions which may be more favourable and mandatory provided for by the law of the country in which they are habitually resident, in particular in relation to the term for exercising the right of withdrawal, the term for returning the Products, in the event of exercising such right, the methods and formalities for communicating the same and the legal guarantee of conformity.
    For any dispute relating to the application, execution and interpretation of these Terms of Sale, the competent court is the place where the Consumer resides or has elected domicile (if in Italy). Otherwise, the Court of Rome shall have jurisdiction.
    The Consumer who resides in a Member State of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these Terms of Sale, to the European Small Claims Procedure, of Regulation (EC) No. 861/2007 of the European Parliament and of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00.
    247 Growth informs the Consumer Users that an European platform for online resolution of consumer disputes has been established (so called “ODR Platform”). The ODR Platform can be accessed at the following link: ec.europa.eu/consumers/odr. Through the ODR Platform the Consumer Userr will be able to consult the list of ADR entities (e.g., Alternative Dispute Resolution entities such as mediation, arbitration, and other forms of dispute resolution bodies) and initiate an online dispute resolution procedure for the dispute in which he/she is involved.
    This is without prejudice to the Consumer’s right to refer the dispute to the ordinary judge with jurisdiction, as well as the possibility, where applicable, to promote an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.


Final provisions

  1. These Terms of Sale constitutes the entire agreement between 247 Growth and the User in relation to any Products purchased via Website.
  2. Any individual and additional agreements between you and 247 Growth require to be made in a written form under the pain of nullity unless otherwise provided herein.
  3. If any part of these Terms of Sale is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Sale shall continue to govern the purchase of Products by the User.
  4. No failure by 247 Growth to exercise any right under these Terms of Sale or to take action against the User in the event of a breach of these Terms of use shall constitute a waiver of such right or any other rights under these Terms of Use.