Terms and Conditions
Marcello Smith, with email address email@example.com (hereinafter referred to as the “Owner”), makes it available to all Users the possibility to access and use the website marcellosmith.com.
Please carefully read the following terms and conditions (hereinafter the “Conditions”) before using the application. By using the application, the User agrees to be bound by the Conditions and undertakes to comply with them. Otherwise, the User cannot use the application.
Registered Users may cease using the services at any time, deactivate their accounts, or request their deletion through the application interface, if possible, or by directly contacting the Owner at the email address firstname.lastname@example.org. The Owner reserves the right to suspend or close the User’s account at any time and without notice in case of violation of these Conditions or applicable legal provisions.
The purchase of one or more Products through the application is allowed to both Users who are consumers and Users who are not consumers. It is reminded that consumers are individuals who, in relation to the purchase of Products, act for purposes unrelated to any entrepreneurial, commercial, professional, or craft activity they may carry out. Purchases are allowed only to individuals who have reached the age of eighteen. The Owner undertakes to describe and present the Products sold through the application in the best possible way, but errors, inaccuracies, or minor differences between the application and the actual Product may occur. Photographs of the Products on the application do not constitute a contractual element. The Products, prices, and conditions of sale do not constitute a public offer and should always be considered indicative and subject to confirmation by email or through the display of the order confirmation page by the Owner, after verifying the availability of the selected Product. The User authorizes the Owner to accept an order, even partially, if made (for example, when not all the ordered Products are available). In this case, the contract will be deemed concluded only for the Products actually sold. The Owner reserves the right to change the price of the Products at any time, without affecting contracts concluded before the modification. Product prices do not include VAT, and any other applicable taxes will be indicated before confirming the purchase. Payment for the Products can be made using the methods indicated on the application at the time of purchase. The application uses third-party tools for payment processing and does not come into contact with the payment data provided (credit card number, cardholder name, password, etc.). If these third-party tools were to deny payment authorization, the Owner cannot provide the Products and will not be responsible for any delays or non-delivery.
The contract concluded through the application is considered concluded when the User receives the order confirmation, either by email or by viewing a page of the application, in which the Owner accepts the order sent by the User and informs them that they can proceed with the order fulfillment. The contract is considered concluded at the registered office of the Owner. The Owner reserves the right to refuse an order in case of unavailability of the Product, lack of payment authorization, or obvious price error. In this case, the User will be contacted by Customer Service and will receive a refund for the amount already paid.
The Owner will issue a commercial invoice if requested by the User, who must provide the necessary billing information. The information provided by the User will be used for the invoice.
In compliance with current laws, it is important to highlight that digital products and/or services offered through the application are not subject to the right of withdrawal or refund option. This condition arises from the nature of digital products and services themselves, which do not allow for their return or refund once purchased. Consequently, once the download has started or the contract execution has begun, the user waives the right of withdrawal, in accordance with applicable legal provisions.
The contents and materials available on the application are subject to the terms of the “Creative Commons Public License CC BY-NC 3.0 IT.” The User may use the contents and materials available on the application for non-commercial purposes, provided that attribution is given, and a link to the license is provided if modifications are made.
The application is provided “as is” and “as available.” The Owner does not provide explicit or implicit warranties regarding the application and does not guarantee that it will meet the User’s needs or be free from interruptions or errors.
The Owner will not be liable for any indirect losses or damages suffered by the User, including loss of business opportunities, profits, or data, due to interruptions or malfunctions of the application, force majeure events, or incorrect use of the application by Users. In no case shall the Owner’s liability exceed twice the cost paid by the User for the service used.
The application may contain links to third-party websites. The Owner does not control these sites and is not responsible for their content.
The Owner shall not be liable for the non-performance or delayed performance of its obligations due to circumstances beyond its reasonable and foreseeable control.
No waiver by the parties shall be effective unless expressly made in writing.
If any provision of these Conditions is found to be illegal or invalid, it shall not affect the remaining provisions, which shall remain valid to the fullest extent permitted by law.
The Owner reserves the right to modify these Conditions, with prior notice on the application. Any changes will apply to orders placed after the date of the communication of the changes.
These Conditions apply only to Products sold online and services used online. For all other relationships with Marcello Smith, reference is made to contracts entered into directly with the Customer.
These Conditions and any disputes related to them are subject to Italian law and the exclusive jurisdiction of the court in the location where the Owner has its registered office. For consumers residing in Europe, the online platform for alternative dispute resolution provided by the European Commission can be used.
Users registered on the website https://www.marcellosmith.com agree to receive informational materials (emails, newsletters) from the Owner and can unsubscribe through the appropriate field or by explicitly requesting it via email at email@example.com.
“ Behind the lens I’m myself ”