Terms & Conditions

GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS

1.1   OBJECT. These General Terms and Conditions regulate the distance sale of the Products through the Website www.plan-c.com. The General Conditions do not regulate the sale of Products by parties other than the Company that are present on the Website through links, banners or other hypertext links. The Company is therefore not responsible for the provision of services and/or products by third parties or the conclusion of electronic agreements between the Customer and third parties.

1.2   SELLER. The seller of the Products and owner of the Website is GC S.r.l.  (hereinafter also referred to as “Plan C” or the “Company”), with registered office in Via Melchiorre Gioia no. 8 - 20124 Milan; P.IVA 10335050968 Milan Company Register no. MI-2523382, Telephone: +39 02/45373222, PEC: fatture.plan-c@pec.it

1.3 KNOWLEDGE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS. Purchase requests from Countries not included in the Website and which require the delivery of Products in Countries not included in the Website will not be accepted. Before placing an Order, the Customer must carefully read these General Terms and Conditions, which can be consulted, stored and reproduced at any time by accessing the following URL: https:/plan-c.com/pages/terms-and-conditions of the Website. By making a purchase on the Website, the Customer declares to have fully understood and accepted these General Terms and Conditions and the General Terms and Conditions of Use of the Website and exempts the Company from providing any further reference to the General Terms and Conditions after placing the Order.

1.4   WRITTEN FORM. Without prejudice to mandatory legal provisions, the Customer declares and accepts that all communications, information and contractual conditions (including these General Terms and Conditions), which will be provided or made available to it in electronic form, meet the requirement of written form, when required by applicable law.

1.5   EXCLUSIVE APPLICATION OF THE GENERAL TERMS AND CONDITIONS. variations. These General Terms and Conditions are the only ones applicable to the Contracts between the Company and the Customer. The Company reserves the right to modify, at any time, these General Conditions, publishing the updated version on the Website. The new General Terms and Conditions will be effective from the date of publication on the Website. Customers are therefore invited to regularly access the Website and consult, before making any purchase, the latest version of the General Terms and Conditions. Each Contract shall be governed by the General Terms and Conditions in force at the time the Order is placed by the Customer.

    Contacts

    2.1   It is possible to contact and request information from the Company by using the contact details indicated in art. 1.2. 

      Definitions

      3.1   In the present General Terms and Conditions, the terms listed below have the following meaning:
      “Reserved Area”: the reserved area of the Website that each Customer must access with Credentials in order to purchase Products; 

      “Customer”: the final consumer, i.e. the natural person who has reached the age of majority and who purchases the Products on the Website for purposes unrelated to the entrepreneurial, commercial, artisanal or professional activity that they may carry out;
      “Consumer Code”: Legislative Decree No. 206 of 6 September 2005, including subsequent modifications and integrations;
      “General Terms and Conditions”: the present general conditions of sale of GC S.r.l.;
      “Contracts”: every single sales contract between the Company and the Customer concluded according to the procedure described in art. 4.6;
      “Credentials”: the Customer's email and personal password chosen by them to access their Reserved Area;
      “Order”: as defined by Article 4.2;
      “Order Confirmation”: as defined by Article 4.6;
      “Products”: the products offered for sale on the Website and any other products offered for sale by the Company on the Website from time to time;
      “Website”: the website accessible at www.plan-c.com
      “Company”: GC S.r.l.

      PROCEDURE FOR THE PURCHASE OF PRODUCTS

      4.1   In order to make the first purchase on the Website, the Customer must access the Reserved Area, by creating their own Credentials and profile, by filling in the appropriate forms. The Credentials can be memorised to accelerate any subsequent access. In order to proceed with the purchase of the Products, it is necessary to use the Credentials to access the Reserved Area. The data related to the Customer's profile can be modified at any time through the Reserved Area.

      4.2   Once logged in to the Reserved Area, the Customer may select the desired Products from those on the homepage of the Website or within the menu in their respective categories, adding them by pressing the "Add to Cart" button. By accessing to "View Basket", the Customer will be able to view all the Products selected, with their relative prices, and modify the selections made before finalising the order ("Order"). Once the selection of the desired Products has been completed and by pressing the " CHECK OUT " button, the Customer will access his/her Order where the overall price of the Products will be displayed, including VAT and any shipping costs. The Company reserves the right to not process Orders from parties other than the "consumer" or in any case Orders that do not comply with its commercial policy. 

      4.3   Before placing the Order, the Customer has the option of choosing the payment method they prefer between credit card, Paypal, Apple pay, Google pay, or any further modality sets out in the Website. If the payment by credit card is chosen, the financial information (for e.g. the number of the credit / debit card or the date of its expiration) will be forwarded, via encrypted protocol, to banks or companies that provide electronic payment services at a distance, without allowing third parties to have, in any way, access to it. This information, moreover, will never be used by the Company if not to complete the procedures relating to the purchase for which they are conferred and to issue the related refunds in the event of possible returns of the Products, following the exercise of the right of withdrawal, or if it is necessary to prevent, or report to the police, the perpetration of frauds on the Website. The price for the purchase of the Products and the shipping costs, as indicated in the order form, will be charged at the time of purchase. 

      4.4   To place the Order, it will be necessary to select the preferred payment method and then click on the "COMPLETE ORDER" button.

      4.5   By placing an Order, the Customer declares and warrants to be a bona fide Customer who purchases the Products for its own personal use or that of another person and who will not deliver, sell or distribute the Products or purchase the Products for commercial purposes.

      4.6   The Company will confirm the reception of the Order through the sending of an e-mail confirming the Order ("Order Confirmation"), in which the following data will be specified: 

      • Order number and date
      • Product(s), quantity, price
      • Total Order amount
      • Shipping costs, if any
      • Delivery address,
      • Billing address.

      The Order will be considered accepted by the Company only upon the receipt by the Customer of the Order Confirmation, with which the shipment of the purchased Products, of which the Company has availability, will be confirmed. Only at this time will the Contracts relating to the sale of the Products covered by the Order Confirmation be considered concluded between the Company and the Customer. The Customer must verify the correctness of the data in the Order Confirmation message and, in the event of any errors, the Customer must promptly notify the Company thereof. If one or more Products ordered by the Customer are unavailable, the Company will send the Order Confirmation upon their availability, provided that, after 15 (fifteen) working days from the placing of the Order without the Order Confirmation having been sent, the Customer's Order, for the part relating to said Products, will be considered as not accepted by the Company. 

      4.7   The availability of the Products, as indicated on the Website at the time of the Order, is purely indicative and must be verified by the Company. The Company reserves the right to refuse at any time, without prior notice, orders exceeding a determined number of authorised products.

      4.8   The Order will be stored in the Company's database for the time necessary to process the Orders while respecting the terms of the law. The Customer may view the Orders placed, by accessing the Reserved Area and consulting the appropriate section of the Website.

      THE PRODUCTS

      5.1   The information and characteristics of the Products are shown on the Website.

      5.2   The Company aims to ensure that the information regarding the descriptions, dimensions and colours of the Products is accurate and complete, however, the images of the Products published on the Website are merely indicative and may not be fully representative of their actual characteristics and quality. In this regard, only the description of the Products indicated on the relevant page of the Website shall be considered accurate. 

      PRICE, PAYMENT AND BILLING

      6.1   Product prices are inclusive of VAT in effect at the time the Order is placed, but net of shipping costs or payment costs which will in any case be communicated in advance to the Customer through the Website. The total price of the Order, including VAT and  any shipping charges, will be displayed by the Customer prior to placing the Order. The price of the Products, including VAT and any shipping costs, subject to Order Confirmation, will be charged to the Customer at the time of the Order Confirmation.

      6.2   The Company reserves the right to change the price of the Products at any time. However, the price displayed on the Website at the time the Order is placed will be applied. 

      DELIVERY OF PRODUCTS

      7.1   The Products ordered on the Website are shipped via express courier, at the delivery address indicated in the Order Confirmation. With the Order Confirmation, the Company will inform the Customer of the estimated delivery times of the Products by the carrier. Delivery times are purely indicative, include only working days, and do not include holidays. The Customer may however track its shipment using the tracking number that will be provided by the Company.
        7.2   Orders placed to an address not accepted by the Company's courier service (military zones, reserved areas, pick-up points or mailboxes), will be automatically cancelled.
          7.3   The delivery times of the Products may also vary with respect to what is posted on the Website for reasons not attributable to the Company and that cannot be remedied by the Company itself.
            7.4   Upon delivery of the Products, the Customer is required to sign the delivery note after having duly checked: 
              • that the number of packages delivered corresponds to what is indicated in the transport document. 
              • that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal straps).
              7.5   Any damage to the packaging and/or the Products or the mismatch in the number of packages or indications, must be immediately detected, placing a specific indication on the delivery document of the product to be returned to the courier. 
                7.6   Any problematic concerning the physical integrity, correspondence or completeness of the Products received must be reported within 8 (eight) days of delivery to allow the Company to proceed with the appropriate checks. The above in any case does not affect in any way the right of return or the legal guarantee on the Product.
                  7.7   The Products purchased are provided with an identification tag necessary in case of returning the Products. 

                    LEGAL WARRANTY OF CONFORMITY

                    8.1   The Customer benefits from the legal warranty for defects of conformity provided by articles 128-135 of the Consumer Code.
                      8.2   The Products purchased by the Customer are guaranteed for any defect of conformity (as defined by art. 129 of the Consumer Code) existing at the time of delivery and that occurs within 2 (two) years from said date.

                      8.3   In order to benefit from the legal warranty, the Customer:
                      (a)   is required to report the defect of conformity of the Product to the Company within 2 (two) months from the discovery, by sending an email to customercare@plan-c.com or by writing to GC S.r.l. – Att. Virtual Store Manager-  Via Melchiorre Gioia, 8, 20124, Milano, Italia;
                      (b)   must follow the instructions given by the Company and return the allegedly defective Product to the Company in its original packaging, with the identification tag and with the documentation received at the time of purchase (e.g. invoice, print of the Order Confirmation, etc.). 
                        8.4   In the event that the documents provided by the Customer to prove the date of purchase of the Product are not suitable for this purpose or should the Product be returned without the identification tag or not in its original packaging, the Company is entitled to refuse to replace the Product. 
                          8.5   The legal warranty only applies to Products correctly used, in conformity with their scope and to the instructions of use (in particular those for washing contained in the label) or otherwise given together with the Product.  

                            LIMITATIONS OF THE COMPANY'S LIABILITY

                            9.1   Except as provided for by mandatory provisions of law, the Company assumes no obligations other than those expressly provided for in these General Terms and Conditions and is not liable for damages to the Customer or to third parties that are not directly attributable to the Company.

                              RIGHT OF WITHDRAWAL

                              10.1   The Customer has the right to withdraw from the Contract, for any reason without any penalties and without the necessity to indicate the reason of withdrawal, within 14 (fourteen) days from the delivery of the Products.
                                10.2   To exercise the right of withdrawal, the Customer must do as follows:
                                  • use the return form sent directly online through the Website to activate the return and refund process. Return instruction will be communicated to the Customer  via e-mail;
                                  • await confirmation of approval of the return by the Company and the consequent refund.
                                  10.3   In the event of withdrawal, the Customer must return the Products to the Company within 14 (fourteen) days from the delivery of the Products, as provided for in Articles 52 and ss. of the Consumer Code, according to one of the following ways:
                                    • sending the returned Products to the address indicated in the Return instruction via the courier chosen by the Company and therein indicated. The costs relating to this method of return will be borne by the Company and will not entail any charge to the Customer;
                                    • sending the returned Products to the address indicated in the Return instruction, via the courier chosen and appointed directly by the Customer. The costs related to this method of return will all be borne by the Customer.
                                    10.4   The Products must be returned intact, together with the original packaging, with the identification tag. The Products must be used for the time strictly necessary to establish and verify their nature, characteristics and size, according to normal diligence, without any signs of wear or dirt, in compliance with the following conditions:
                                    • the right of withdrawal may apply to the Product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased Product;
                                    • in the case of sending the returned Products by the courier chosen by the Customer, the shipment of the Products, until the certificate of receipt by the Company, is under the complete responsibility of the Customer. Therefore, in the event of damage, theft or loss of the Products during transport, the Company will notify the Customer, so as to allow him to promptly file a complaint against the courier and obtain the relative reimbursement; the damaged Products will then be made available to the Customer, simultaneously canceling the request for withdrawal or indicating to the Customer the decrease in value of the products and of the reimbursement. 

                                    TIME AND METHOD OF REFUND

                                    11.1   After the return of the Products, the Company will carry out the necessary verifications regarding their compliance with the conditions and terms indicated in art. 10. In the event that the verifications are successfully concluded, the Company shall send the Customer, via e-mail, the relative confirmation of acceptance of the Products returned in this way and shall reimburse all payments received from the Customer.

                                    11.2   Whatever the method of payment used by the Customer, the refund is activated by the Company, after verification of the correct execution of the right of withdrawal, in the shortest possible time and no later than 14 (fourteen) days from the date on which the Company received the notice of withdrawal, provided that, by that date, the Company has received the returned Products or proof of shipment thereof. Otherwise, the refund will be suspended until the receipt of the Products or of the proof of shipment. 

                                    11.3   In case of exercise of the right of withdrawal, it is not possible to directly replace the chosen Product with another one; in order to purchase a new Product, the Customer must place a new and separate order from the previous one.
                                      11.4   If the procedures and terms for exercising the right of withdrawal, as specified in art. 10, are not respected, the Customer will not be entitled to a refund of the sums already paid to the Company; however, he may re-obtain, at his own expense, the Products in the state in which they were returned to the Company. 

                                        GENERAL PROVISIONS

                                        12.1   The Customer commits to keeping their Credentials confidential and agrees, to the extent permitted by applicable law, to be held solely responsible for all activities that will be carried out by accessing its Reserved Area.
                                          12.2   The Customer ensures the accuracy, completeness and truthfulness of all the information provided to the Company at the time of registration in the Reserved Area, thus undertaking to promptly notify the Company of any change thereof.
                                            12.3   These General Terms and Conditions constitute the entire agreement between the Customer and the Company in relation to the Order of the Products and supersedes and renders null and void any prior agreement, draft agreement, provision, deed or warranty agreement of any nature whatsoever between the parties, whether oral or written, in relation to such matter.
                                              12.4   Under these General Conditions, the Company shall not be liable for any errors or delays in the execution or fulfilment of obligations arising from causes beyond the reasonable control of the Company.
                                                12.5   These General Terms and Conditions are stipulated between the Customer and the Company. No other person shall have the right to enforce any of the terms of these General Terms and Conditions.
                                                  12.6   Any invalidity, ineffectiveness and/or nullity of one or more clauses of the present General Terms and Conditions and/or of the individual Contracts shall not result in the invalidity, ineffectiveness and/or nullity of the remaining clauses.
                                                    12.7   Individual Contracts shall not be transferable to third parties, in whole or in part, without prior written agreement between the parties.
                                                      12.8   Due to the nature of the Internet, the Company cannot guarantee uninterrupted access and the absence of errors in the operation of the Website. Furthermore, access to the Website and/or the services offered by the Company may be occasionally suspended or restricted to allow repair, maintenance or introduction of new Products. The Company will use its best endeavors to limit the frequency and duration of such suspensions and/or limitations.

                                                        APPLICABLE LAW AND JURISDICTION

                                                        13.1   These General Terms and Conditions and the individual Contracts are governed exclusively by Italian law and in particular by the provisions of the Consumer Code, with specific reference to the provisions on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on certain aspects relating to electronic commerce, without prejudice to the application of the mandatory law of the country of habitual residence of the Customer.

                                                        13.2   The Court exclusively competent to decide on any dispute that may arise between the Company and the Customers in relation to these General Conditions, as well as all Contracts and the relationships between the parties in relation to the sale of the Products, is the Court of habitual residence of the Customer.

                                                        13.3   Customers residing in a country of the European Economic Area also have the option of submitting a complaint to the European platform for online dispute resolution - Online Dispute Resolution (the "Platform") which facilitates the out-of-court resolution of disputes. For more information, you can visit the Platform at https://webgate.ec.europa.eu/odr/. Please note that the Company does not intend to resort to the Platform for the resolution of any disputes, as it has no obligation in this regard. 

                                                          PERSONAL DATA PROTECTION

                                                          14.1   The Company declares and guarantees that it will process the personal data of the Customers it acquires during the conclusion and execution of the Contracts, in compliance with Regulation (EU) no. 679/2016 and national privacy legislation (Legislative Decree no. 196/2003 and subsequent amendments and integrations), as described in the Privacy Policy available on the Website (https://plan-c.com/page/privacy-policy/).
                                                            14.2   For any further information on the Privacy Policy it is possible to contact directly the following e-mail address: customercare@plan-c.com.

                                                              Customer Service

                                                              15.1   The Customer may request any information by e-mail at the following e-mail address: customercare@plan-c.com or at the following telephone number +39 02 45373220.

                                                                AMENDMENTS 

                                                                16.1     The General Terms and Conditions reported above can be amended from time to time, also  in the event of any changes in the relevant  regulations. The new General  Terms and Conditisons will be effective from the date of publication on the Website 

                                                                GENERAL TERMS AND CONDITIONS OF USE

                                                                These general terms and conditions of use (hereinafter “General Conditions of Use”) regulate the user's access to and use of the website “www.plan-c.com” (hereinafter the “Website”) owned by GC S.r.l. (hereinafter also “Plan C”) by the user. By accessing and using the Website, the user confirms that he/she has studied and accepted the General Conditions of Use. 

                                                                The Website is managed and maintained by GC S.r.l., based in Milan, Via Melchiorre Gioia, 8 Economic and Administrative Index (REA) No. MI-2523382, VAT No. 10335050968, share capital: Euro 100,000.00.

                                                                CHANGES TO THE GENERAL CONDITIONS OF USE 

                                                                  1.1   Plan C may alter or simply update these General Conditions of Use, in whole or in part, at any time and without prior notice. Changes and updates to these General Conditions of Use will, in any case, be notified to users on the Home Page as soon as they have been adopted, and they will be binding once published on the Website in this same section.  

                                                                    RESPONSIBILITY FOR USE OF WEBSITE

                                                                    2.1   Accessing and using the Website, including the viewing of web pages, communicating with Plan C and downloading information about the products and buying them on the Website, are all personal/private activities of the user unrelated to any commercial, entrepreneurial and professional activity.
                                                                    The user is personally responsible for the use of the Website and its contents. Plan C, including its directors, managers, agents, collaborators and all those involved in devising, creating, producing and disseminating the Website, cannot be held liable for each of its users' non-compliance with applicable legislative and regulatory provisions and with the Website's legal notices, except in the case of fraudulent intent or gross negligence, or any direct or indirect loss of any kind and extent arising from the use of this Website. 
                                                                    2.2   More specifically, the user will be the sole party responsible for communicating information and data that are incorrect, false or that relate to third parties who have not given their consent, and also for the incorrect use of such data.  
                                                                    2.3   The use of any material which the user has downloaded or otherwise obtained by means of the Website shall be at the user's risk, therefore any liability for any damage to computer systems or data loss resulting from downloads shall be borne by the user and cannot be attributed to Plan C. 
                                                                    2.4   The user is responsible for safekeeping and correctly utilizing his/her personal information, including credentials for access to the reserved services, and for any loss or detriment incurred by Plan C or third parties as a result of incorrect use, loss or theft of such information. 
                                                                    2.5   Plan C makes the Website available subject to its legal status and de facto condition as seen, without any kind of express or implied guarantee for the user, including, for purposes of illustration, guarantees of accuracy, reliability, ownership, non-infringement, suitability for specific purposes or any other guarantee, condition, insurance or declaration of the Website or any of its contents, in whole or in part.
                                                                    2.6   Except in cases of willful intent or gross negligence, Plan C will not be liable for any type of loss arising from the use of the Website and the third-party sites indirectly connected to it such as, for example, damage to computer systems, loss due to loss of data or business opportunities and loss attributable to interruption of economic activity. More specifically, Plan C - subject to mandatory legal limits - accepts no responsibility for any loss arising from the inability to access the Website's services or from any loss caused by viruses, damaged files, errors, omissions, service interruptions, deletion of content, problems associated with the network, with providers or with telephonic and/or electronic communications connections, unauthorized access, alterations of data, failure and/or defective operation of the user's electronic equipment. 
                                                                    2.7   Subject to the limits of applicable rules, the user undertakes to indemnify Plan C against any obligation and loss, including legal expenses, resulting from its access to and/or use of the Website in violation of applicable legislative and regulatory provisions, of the Website's legal notices and/or of the rights of third parties.

                                                                      PRIVACY POLICY 

                                                                      3.1   In relation to the processing of personal data, please refer to the “Privacy Policy” section, which is applicable whenever the user uses the Website.

                                                                      INTELLECTUAL PROPERTY RIGHTS

                                                                      4.1   The entire site, including its content - for example (without limitation) the works, images, photographs, dialogues, music, sounds and videos, documents, designs, drawings, figures, logos and any other material or items in any format whatsoever published on the Website, including menus, web pages, graphics, colours, templates, tools, fonts and design of the Website, diagrams, layouts, methods, processes, functions, databases and software that are part of the Website (hereinafter for convenience the “Content”) - are protected by copyright as a single and/or collective work and by any other available intellectual property right of Plan C. It is forbidden to reproduce the Website and its Content, in whole or in part and in any form whatsoever, and also to store, alter, publish, distribute, translate, transpose or transmit the Website without Plan C's prior consent in writing. Plan C has the exclusive right to authorize or prohibit the direct, indirect, temporary or permanent reproduction of the Website and its content, in any form or manner whatsoever, whether in whole or in part. 
                                                                      4.2   When using the Website, the user is only authorised to view the Website and its content.
                                                                      4.3   The user is not, however, authorised to reproduce the Website and the Content on any medium, whether in whole or in part. Any reproduction must receive authorization from Plan C on a case-by-case basis or, as necessary, from the rights holders of the individual works contained on the Website. The aforementioned reproduction must, in any case, be for lawful purposes and comply with copyright and with other intellectual property rights of Plan C. The authors of individual works published on the Website are entitled, at any time, to claim the authorship of their works and to oppose any deformation, mutilation or other modification of said works, including any harm to the works which could be detrimental to their integrity or reputation. 
                                                                      4.4   The user undertakes to respect the copyright of those who publish their works on the Website or who collaborate in any way in creating any expressive and artistic form destined for publication, even if not exclusively on the Website, or which forms an integral part thereof. 

                                                                      The user, furthermore, shall not use - in any manner or form - the Content of the Website or any individual work that is protected by copyright and by any other intellectual property right.

                                                                      TRADEMARKS AND DOMAIN NAMES

                                                                      5.1   All the trademarks and/or distinguishing marks used by Plan C (hereinafter the “Trademarks”) which distinguish the products present and sold on the Website are registered or unregistered trademarks of Plan C and are used solely in order to identify, describe and advertise the products on sale.
                                                                      Their presence on this Website do not imply any express or implicit authorization or license to use the Trademarks, on any basis whatsoever. Any use of the Trademarks or of names that are similar to them, or that could be confused with them, is prohibited and will be prosecuted by law.

                                                                      More specifically, the storage, modification, publication and reproduction on other websites or on commercial materials are forbidden (without limitation) unless Plan C's prior consent is forthcoming.

                                                                      Plan C is entitled to make exclusive use of trademarks which it owns. It is forbidden to make any non-compliant and/or unauthorized use of these Trademarks, and such use will be prosecuted by law. Nor shall the Trademarks and any other distinguishing mark on the Website be used so as to take unfair advantage of their distinctive character or reputation or in such a way as to adversely affect them and their owners.

                                                                      USER GENERATED CONTENT (“UGC”)

                                                                      6.1   The natural and/or the legal person that has directly or indirectly (also by sending special hashtags) authorized the communication and/or publication or dissemination of that person’s own contribution, in any form or of any kind and on any media (including, without limitation: images, photographs, videos, sounds, music, texts, writings and works of any kind) by Plan C (the “Assignor”), assigns to the latter any and all rights of economic exploitation in perpetuity, irrevocably, non-exclusively, free of charge and free from any royalties, such rights of economic exploitation to include copyright and related rights pertaining to such contributions (hereinafter “Authorised Contributions"), together with sub-license rights. The Assignor specifically acknowledges, for this purpose, that Plan C has an absolute right to use the Authorised Contributions, to decide when to use them or to remove them, as Plan C and its assigns are the only parties so entitled and competent to this end, without time restrictions. These rights are granted worldwide for any use and economic exploitation whatsoever. All the Authorised Contributions shall be deemed not to be confidential. Accordingly, Plan C will be entitled: to use, copy, distribute, reproduce, assign, exploit, alter, process, transform, store on databases, make cuts, changes and/or additions, insert or replace comments and/or disclose to third parties such contributions, for any purpose whatsoever and according to the advertising and/or commercial choices that Plan C and/or its assigns consider appropriate (for example, without limitation, by reproducing and publishing the Contributions through the Facebook and Instagram social media channels, in brochures, magazines, albums, collections, products, etc., also for commercial initiatives). To this end, the Assignor also authorizes and allows Plan C and its assigns to directly or indirectly combine/associate the Authorised Contributions with the commercial and promotional initiatives, the image and the distinguishing marks of Plan C and/or with its assigns (without prejudice to the Assignor's moral rights). 

                                                                      6.2   The Assignor guarantees that it enjoys the rights, entitlements and the legal capacity to ensure compliance with these General Conditions of Use in its own jurisdiction, and that the contribution is an original and exclusive work, and that: 

                                                                      • it was not derived from any third-party work without the consent of that third party;
                                                                      • it does not and cannot infringe, in any manner, copyrights, registered trademarks or other intellectual or industrial property rights of third parties;
                                                                      • it does not and cannot infringe, in any manner,  the personal or property rights of third parties, as any requisite authorization and/or special consent to the foregoing has already been received from any third parties (or from the relevant parties exercising authority) involved on any basis in the Contribution; 
                                                                      • it does not infringe any provision of law, including (without limitation) the provisions of Law No. 633/1941 as amended, of Legislative Decree 30/2005 (Industrial Property Code) as amended, of Legislative Decree 196/2003 (Personal Data Privacy Code), as amended, and of EU Regulation 679/2016; 
                                                                      • it is not obscene, racist, discriminatory, or otherwise contrary to public order or public morals;

                                                                      undertaking to indemnify Plan C and its assigns against any situation in which one or more of the aforementioned declarations and warranties should prove false or inaccurate.  

                                                                      Plan C and its assigns will also be entitled to communicate the identity of the Assignor to any third parties who maintain that the Authorised Contributions represent an infringement of their intellectual property rights and/or rights of confidentiality.

                                                                      6.3   Plan C and/or its assigns cannot be held liable for any infringement of the rights of the Assignor and/or third parties arising directly or indirectly from the use, in any form or manner whatsoever, of the Authorised Contributions, in terms of contractual or noncontractual liability (including, without limitation, for unpremeditated conduct or violation of law) involving: i) pecuniary loss (including, for example, actual pecuniary loss, loss of earnings, lost profits (anticipated or otherwise), lost contracts, lost business, lost opportunities or lost projected savings); ii) loss of reputation; iii) consequential or indirect loss incurred by the Assignor or by third parties.  

                                                                      6.4   The Assignor accepts that it is liable to Plan C and/or its assigns and that it will indemnify the latter against all costs, direct and indirect damage, expenses, losses, including any legal and court costs and costs associated with any claim and/or application and/or action brought in any court or tribunal by third parties, including public authorities, administrative bodies and state bodies and organs, as a result of any dispute arising from or in any way associated with the use of the contribution by Plan C and/or its assigns and with the declarations and warranties provided by the Assignor under these General Terms and Conditions of Use. 

                                                                      LINKS TO OTHER WEBSITES

                                                                      7.1   The Website contains hypertext links (so-called "links") to other websites that have no connection with the Website itself. Plan C neither controls nor monitors those websites or their contents. Plan C cannot be held liable for the content of those websites and for the rules adopted by them, also in relation to the protection and processing of the user’s personal data while browsing. Therefore, the user should carefully read the conditions of sale or of service, the conditions of use and the privacy policies associated with these websites. These General Conditions of Use, the General Conditions of Sale and the Privacy Policy of the Website do not apply to websites operated by those other than Plan C. The Website provides links to other websites solely to assist the User in searching and browsing and to facilitate hypertext links to other sites on the web. The activation of links implies no recommendation by Plan C to access and navigate on the associated websites, nor any guarantee as to the content, services or goods provided by those sites and sold to Internet users. 
                                                                      7.2   Whoever is interested in activating links to the Home page and to the other pages of the Website, which are publicly accessible, should contact Plan C by emailing: customercare@plan-c.com to request consent to the hypertext link.
                                                                      Plan C permits the applicant to access links for free and on a non-exclusive basis, subject to authorization by Plan C and verification of the applicant's requirements.
                                                                      Plan C can oppose the activation of direct links to the Website if the applicant in question has engaged in unfair or non-standard commercial practices in the past or in acts of unfair competition against Plan C, or if the latter fears that such conduct is possible in the future or if the applicant has engaged in actions to discredit Plan C or its Website or its services in the past, or if there is concern that such actions could occur in the future. It is, in any case, forbidden to activate deep hypertext links to the Website or to use metatags, without Plan C's approval and authorization. 

                                                                      CONTENT WARNING

                                                                        8.1   Plan C has taken every precaution to ensure that the Website will not publish content that describes or represents scenes or situations of physical or psychological violence or that could - in the judgement of users - be considered detrimental to civic beliefs and conventions, human rights and personal dignity in all its forms and manifestations. In any case, Plan C does not guarantee that the Website's content is appropriate or lawful in other countries outside Italy.  If, however, such content is considered unlawful or illegal in some of these countries, it is recommended not to access the Website. If, despite this, the user decides to access it anyway, then the use made of its services shall be exclusively at his or her own risk.
                                                                        8.2   Plan C has also taken all precautions to assure its users that the site content is accurate and contains no incorrect information, or information that has not been updated since its publication on the Website and, as far as possible, thereafter. However, Plan C assumes no responsibility to users for the accuracy and completeness of the content published on the Website, subject to its liability for intentional misconduct and gross negligence and save as otherwise provided by law. Moreover, Plan C cannot guarantee users that the Website will operate continuously, without interruptions and without errors or faults due to the Internet connection.

                                                                        8.3   Any problems encountered while using the Website may be addressed by emailing: customercare@plan-c.com

                                                                        8.4   Although Plan C will do all in its power to ensure unbroken access to the Website, the dynamic nature of the Internet and of its web content means that no guarantee can be made that the Website will operate without suspensions, interruptions or discontinuity attributable to site update requirements.  

                                                                        8.5   Plan C has adopted technical and organizational measures whose purpose is to secure their services on the Website and the integrity of traffic and communications data against any unauthorized use or access, and also to prevent any risks of dispersion, destruction and loss of information and data (confidential or otherwise) pertaining to its users that are displayed on the Website, or risks of unauthorized or illegal access to said information and data.

                                                                        8.6   The foregoing is without prejudice to Plan C's entitlement to suspend, alter or delete the personal account of each user and/or to prevent users from accessing the site or parts thereof to all or some users if there has been a breach of the General Conditions of Use, of the Website's other legal notices and of applicable legislative or regulatory provisions.  

                                                                        PLAN C’S E-COMMERCE

                                                                        9.1   The website permits the online purchase of Plan C online products.  Visit the “Shop” section to find out about all Plan C products for sale. Note that the prices of products offered for sale on the Website may change; the user should therefore carefully check the actual sale price indicated in the Order Form as well as other relevant information on the products to be purchased. Each purchase is subject to the General Conditions of Sale; the user should read them carefully and print and keep a copy of them.
                                                                        The display of the products in the Website's e-commerce section does not constitute an offer to the public for purchase, and they are subject to the rules set forth in the General Conditions of Sale which may be consulted also prior to purchase.

                                                                        To receive any other information about the Plan C “Shop” service, the user can email us to customercare@plan-c.com, or write to the following address: Att. Virtual Shop manager - GC S.r.l., Via Melchiorre Gioia, 8, 20124, Milan, Italy. 

                                                                        APPLICABLE LAW AND DISPUTE RESOLUTION

                                                                        10.1   These General Terms and Conditions are regulated by Italian law.
                                                                        Any dispute arising between the Parties in relation to these General Conditions of Use shall be submitted to the exclusive jurisdiction of the Court of Milan or, if the user has accepted these General Conditions of Use as a consumer under the Consumer Code, the court of the place where the user has his/her residence or domicile.
                                                                        Alternatively the user may - by clicking on the link https://webgate.ec.europa.eu/odr - access the online dispute resolution platform  of the European Commission.