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TERMS OF USE

1. Conclusion of the Agreement
The use of this website (hereinafter the “Website”) determines the conclusion of an agreement (hereinafter the “Agreement”) between the user and Maketank S.r.l., VAT, fiscal code and registration number 06265500485 in the Register of Companies of Florence, with its registered office in Via della Torretta, 16, Florence, Italy, capital subscribed Euro Thirty One Thousands and Seven Hundred Fifty entirely paid, email address info@maketank.it, certified email address maketank@pec.it (hereinafter “Maketank”).
Such information are provided under section 49 Consumer Code (D.Lgs. 6 September 2005, n. 206)

The Agreement is governed by Italian law and is originally drafted in Italian, anyway a non-official English version is available.
In case of discrepancy between the two versions, the Italian version shall prevail.

2. Definitions
Capitalized terms used in this Agreement shall have the meanings seth forth in the previous paragraph, in the following paragraph or elsewhere in this Agreement:

Digital Maker means the natural person, company or private organization which, after the registration on the Website, displays his/her/its products through the Website.

Buyer means the User of the Website who is the party to the Sale Contract other than the party transferring the Product;

Contents means any text, graphics, music, sounds, images, pictures, videos, trademarks, logos, information, personal data and any other content belonging to the User or to third parties, uploaded by the User on the Website.

Sale Contract means the contract of sale entered into by Maketank and the Buyer related to a Product.

Product means the product manufactured by the Digital Maker and offered for sale on the Website.

Profile means the page on the Website containing the information of the User, uploaded by the User on the Website;

Pre-sale (Reservation) Service means the service through which a Digital Maker invites Users to propose offers for a Product planned for production only after having received a minimum number of orders.

Complaint Service means the complaint service activated by Maketank for the complaints, the claims and the reports made by Users or third parties.

Website means this website.

User means any person, company, public body or private organization that access the Website, consult it or use the services provided by the Website; User is a general term that comprises the Digital Maker that has a Profile on the Website as well as any subject that only uses the Website.

Terms of Use means the terms and condition set out in this document.

Maketank means Maketank S.r.l., a company existing under the laws of Italy, VAT, fiscal code and registration number 06265500485 in the Register of Companies of Florence, with its registered office in Via della Torretta, 16, Florence, Italy.

Agreement means the agreement made between the User and Maketank, and comprises at least the Terms and Condition and the Privacy Policy.

Privacy Policy means the privacy policy on the processing of personal data regulated by Legislative Decree 196/2003; the Privacy Policy is available at this link.

Personal Data means the User’s personal data or the third parties’ personal data that the User communicates to Maketank during the use of the Website.

3. Content of the Agreement
The Agreement shall always include at least the terms and condition set out below (hereinafter Terms of Use), the privacy policy on the processing of personal data regulated by Legislative Decree 196/2003 (hereinafter Privacy Policy) and the User’s consent to process the personal data (hereinafter User’s Personal Data).
The Agreement will include, in addition to the Terms of Use, any special conditions communicated by Maketank.
Therefore, the User shall carefully read the Terms of Use and the Privacy Policy, and agrees to read it when first accessing the Website and registering on the Website, as well as whenever the Terms of Use may be modified.

4. Independence
Maketank and the Users are independent parties, they act with autonomy and independence, and and they are not bound by any obligation except this Agreement.
This Agreement does not create any connection, agency, partnership, joint enterprise, employer/employee relationship between the parties.

5. Description of the service
The Website is a place where the Digital Makers offers for sale the Products, also through the Pre-Sale Service, and where the Users interested to the Products can the purchase the Products.
Maketank will handle the sale of the Products, the related payments, the shipment of Products as well as the payment of the Digital Makers.

6. Nature of the Obligations
The obligations of Maketank deriving from this Agreement and more generally with the social contact between the User and Maketank are obligations of means, therefore Maketank does not have any obligation of results with respect to the services provided through the Website.
Maketank does not guarantee to Digital Makers exposing the Products the sale of any Product.

7. Sale Contract
Each Sale Contract is made between Maketank and the Buyer.
The price of the Product, the term of delivery, the guarantees and the other terms and condition different from the means of payment are set out by the Digital Maker who display the Product.
Maketank is not the manufacturer of the Product and may not provide the guarantee as specified in the Codice del Consumo. Such guarantee will be provided by the Digital Maker who display the Product, as identified on the Website.

8. Advertising
Maketank may make targeted advertising in the Website, according to the Users’ preferences and tastes, according to current regulation on the protection of personal data.

9. Registration and personal data
Before registering on the Website or using the Website, the User shall carefully read the Terms of Use and the Privacy Policy.
With the registration or use of the Website, the User agrees to respect the provisions of the Terms of Use and the Privacy Policy, and to give true personal data and to protect the credentials of access that she may choose.
The Users also agree not to let third parties use her or his profile and agrees that if that will occur the User will be responsible for the conduct of those who have used her or his Profile.

10. Registration procedure
If the User register herself or himself on the Website, Maketank will send a notice of confirmation to the email communicated by the User; the User shall click the link included in such notice in order to complete the registration. In this case Agreement shall be deemed signed at the end of the registration process.
The User shall print a copy of the Terms of Use, of the web page of registration and of the email of confirmation, if any, and shall store them carefully.
Maketank shall store in its archives a copy of the Terms of Use in force from time to time ad a copy of the registration request of the Users.
The User will be entitled to request by writing a copy of the Terms of Use in force at the date of her registration ad a copy of her registrations my mean of registered mail addressed to Maketank S.r.l., Via della Torretta, 16, (50137) Firenze, Italia.

11. Conditions of registration
To register to the Website, the User must be at least 18 years old and must fill in all the required fields on the registration form.
Users under 18 years of age may only register to the Website or use it with the prior consent of their parents, who will be held responsible for and agree to monitor all the activities engaged in by minors on the Website. In case of registration, minors shall provide a parent's email address.
Users who have already been removed from the Community by Maketank, because of behaviours contrary to the Terms of Use or the law, cannot register on the Website.

12. Creation of the profile and provision of personal data
Upon registration and at any time thereafter, the User shall provide authentic personal data and may not create a Profile on behalf of another person without his/her prior consent, create more than one Profile, share his/her access credentials with others and/or use his/her Profile and carry out any activity that may jeopardise the security of his/her Profile.
The User agrees not to allow third parties to use his/her Profile and acknowledge that in that case, the User will be responsible for the conduct of those who have used his/her Profile.
At any time the User can change or cancel, or ask to remove, all the information, data, materials, content that directly relate to the User, by accessing the options "edit” and “delete profile" in the settings of the Website.
However, if the information, data, contents have been shared with third parties (for example, if third parties had them copied, quoted, printed, saved on their computers, etc..) the modification or removal will not be possible.
Therefore, when uploading information, data, materials, content on the Website, the User is aware that they may not be modified or removed and that, however, the User grants to Maketank the license provided herein.

13. Third parties’ personal data
The User agrees not to give personal data of third parties. If she does so, she shall provide third parties with the appropriate Privacy Policy as prescribed by the law and obtain the necessary consent, and transmit to Maketank a written copy of the Privacy Policy and of the consent with a declaration, signed by the User, with which she assumes full responsibility and agrees to indemnify Maketank from any negative consequence thereof.
Maketank is not responsible for any misuse of the identity of another User.

14. Prohibition of uploading sensitive data
The User shall not upload sensitive data.
If the User uploads sensitive data, Maketank is entitled to close down his/her Profile and terminate the Agreement by sending a notice via email to the User.

15. Security
The User expressly acknowledges and agrees that the information provide on the Website is in clear text and not encrypted.

16. Agreement amendments
Maketank reserves the right to modify at any time and without notice the Website, as well as the Agreement or the Terms of Use, without providing individual notice to the Users, only by posting a notice on the home page of the Website for at least thirty days.
The amendments to the Terms of Use shall be effective thirty days after the publication of the notice.
Amendments required by law will become effective on the date of entry into force of the law, by way of derogation from the term herein set forth.
If the User who has created a Profile does not accept the amendments he/she must remove his/her Profile.
Failure to remove his/her Profile implies acceptance of such amendments to Website, to the Agreement or to the Terms of Use.

17. Registration cancellation
The User is free to delete her Profile at any time through the option "Delete Profile" available in the settings of the Website.

Maketank may close down the User Profile in case of relevant violations of the Agreement or of the Terms of Use, in case of violations of rules of law (e.g. criminal law, tax law, intellectual property rights of third parties, and so on), if the User behaves in a discriminative way (e.g. for reasons of sex, race, religion, political opinion, personal, social, sexual preference, or any other reason), and in all cases where the User behaves in a discriminatory or unfair way to other Users and in the other cases specified in the Terms of Use.

When the User deletes the profile or Maketank closes down the Profile, the Agreement loses effect, but for the clauses which, by their nature, are intended to survive the termination of the Agreement (for example, the clause on applicable law and jurisdiction).

Once the Profile is deleted, the Profile will be no longer available and the User will lose all data, materials, content, messages and information uploaded on the Profile.

18. Account suspension
In compliance with the laws in force, Maketank may suspend all or part of the services covered by the Agreement, delete the Contents uploaded by the User, prevent third parties from accessing the Contents uploaded by the User, when it has reason to believe that the User behaves in violation of the law, or in any way is violating the rights of third parties, and when it is so requested by a judicial or administrative authority with supervisory functions (eg., AGCOM, Garante della Privacy, etc.).

19. Early termination of the Agreement
If the User acts or behaves in violation of the Agreement or of the laws of Italy or elsewhere, Maketank is entitled to temporarily or permanently suspend the services provided to the User through the Website and is entitled to terminate the Agreement for the User’s failure to comply with her obligations, by way of an e-mail notice to be sent to the mailbox indicated by the User on her Profile.

20. Website accessibility and usability
The User understands, acknowledges and agrees that Maketank does not guarantee the accessibility to the Website and the speed of the upload and of the information transfer, because partially dependent on services provided by third parties, technologies and infrastructures of third parties and also because the Internet is not under the control of Maketank.
The User agrees to use hardware and software which are suitable for the use of the Website, including operating systems that reduce the possibility of unauthorized access, suitable anti-virus and firewall properly configured and updated daily.
The User agrees to make regular backups of his personal data, of his Contents and of all the contents he uploads on the Website.
The User shall bear the cost for the connection to the Internet and the other costs not related to Maketank services.

21. Withdrawal of the User who is consumer
The User who is a consumer and has registered on the Website has the right of withdraw from the Agreement with Maketank pursuant to article 52 of the Codice del Consumo (D.Lgs. 6-9-2005 n. 206) and other relevant rules, if any (e.g. Delibera AGCOM 23 November 2006, n. 664/06/CONS and following amendments, etc.).
In particular the consumer, without prejudice to his/her/its right of removal of his/her/its profile, is shall have a period of 14 (fourteen) days to withdraw from the Agreement with Maketank without giving any reason and without incurring any costs other than those provided for in article 56 second paragraph and article 57.

The withdrawal can be exercised by using the form available at this link, by sending and email to Maketank or by sending to Maketank any form of explicit declaration about the decision of withdrawing from the Agreement.

22. Evidence
The computer systems and files of Maketank shall be evidence in disputes between the User and Maketank.

23. Obligations of the User
When using the services offered by Maketank, the User agrees to abide by the laws in force in Italy and in the country where he/she/it resides or is established or operating even temporarily and, more generally, to be respectful the community of Users, of single individuals and of third parties who are not Users of the Website.
The User is solely responsible for the Contents that she uploads on the Website.
The User may not upload Contents which he/she/its is not entitled to upload or that violate criminal, administrative, tax laws, mandatory rules or third party rights.
For example, the User may not send or post contents which are offensive, defamatory, libellous, pornographic, obscene, abusive, illegal, racist, harmful to minors, discriminatory, or which violate the privacy, the copyright and whatever other content that violates the law, that may offend or violate the rights or interests of other Users, of Maketank or third parties.
Any violation of these rules allows Maketank to remove at any time and without prior notice any Content deemed inappropriate or violating the rights of others and close down the User Profile.
In relation to the activities carried out through the Maketank, the User shall fulfil the procedure and bear the obligations and the costs of the communications to the competent Authority. For example, the communications regarding the sale of goods or the provision of services, the processing of personal data, the enforcement of intellectual or industrial property rights, publishing, the retention of traffic data and any other communication that may be applicable in Italy or where the User operates.

24. Limitation of liability
The User agrees that the Website and all its contents and materials are provided to Users “such as they are” and that the Website is available by means of third party services (e.g. Internet service providers, connectivity providers, hosting providers, etc.).
Maketank does not guarantee that the Website and services provided by the Website will be uninterrupted or error free, that the Website is reliable, safe, of satisfactory quality or free from viruses or other harmful components and that the Website is always available. In particular, the User acknowledges that error-free software do not exist, and that it is possible that the service providers may interrupt the service.
Therefore, except in cases of wilful misconduct or gross negligence and the others unavoidably specified by the law, Maketank will not be liable for any damage suffered by User, even if indirect or unforeseeable, for any loss of data, income, assets or profits suffered by the User, for any damage claim by the User because of the availability or unavailability of third party websites or the reliance of the User on advertising, products, services or other content or materials available through the websites of third parties, for any claims for damages by the User based on products or services provided by third parties through the Website or based on services provided by third parties, for the violation of rights of third parties, for the unavailability of the Website, the unavailability of the services that Maketank uses to maintain the Website online.

In any case, always within the maximum extent permitted by the the applicable law, the responsibility of Maketank towards the User shall not exceed the amount paid by the User to Maketank over the last year, and anyway up to the maximum amount of EUR 100.00 (one hundred).

25. Maketank intellectual property rights
The trademarks, logos and other content uploaded by Maketank on the Website, such as text, drawings, icons, images, photographs, videos, audio and any other contents, although not protected by intellectual property or industrial rights, are owned by or licensed to Maketank, and protected by the law on copyright, on trademark and by other relevant intellectual property and industrial rights. Such trademarks and contents shall not be reproduced, used or represented without the prior written consent of Maketank or of the lawful owner Some of these trademarks, logos, contents, etc. uploaded by Maketank may not be owned by Maketank but by third parties who granted to Maketank a license to use them. In this case, the above activities must be authorized by Maketank or by the lawful owner.
The User shall indemnify Maketank from any pecuniary or non-pecuniary damage, even if unforeseeable, arising from a breach of industrial and intellectual property right or other rights linked to them on such materials and shall indemnify and hold harmless Maketank from the negative consequences, including legal and technical fees, resulting from the infringement of these rights by the User or by third parties due to the conduct of the User.

26. Intellectual property rights of the User and of third parties. User liability
The User may not upload Contents, such as text, drawings, icons, images, photographs, video, audio and any other content, even not protected by intellectual or industrial property rights, and any other material that she is not entitled to upload under Italian law and the law of the place where she resides, stays or operates even temporarily, or as a result of a contract or of third parties’ rights.
As an example, which is not exhaustive, the User may upload Contents that she has created without copying Contents protected by intellectual property rights of third parties, may upload non-original Contents for which she obtained a prior written authorization from the owner, can upload Contents consisting in a collective work for which he/she/it obtained the authorization by all the owners of the copyright and the other related rights, may upload Contents in the public domain, but he/she/it may not upload Contents that has been copied in whole or in part from a third party without having been duly authorized, he/she/it may not upload Contents for which he/she/it has not obtained all the necessary authorizations in writing and he/she/it may not upload Contents that are protected by confidentiality agreements.
Any violation of these rules entitles Maketank to delete the User Profile or to remove at any time and without prior notice any Content deemed inappropriate or in violation of the rights of third parties and, in cases of serious violation of the Terms of use, to close the down the User Profile.
The User may modify or cancel at any time the Content uploaded on the Website, unless they have been shared with third parties (for example, if third parties have them copied, quoted, printed, saved on their computers, etc.). In this case, the modification or cancellation will not be possible or will not be complete. Therefore, when uploading Contents on the Website, the User is aware that he/she/it may not be able to modify or delete them and that, however, the User grants to Maketank the free and irrevocable license provided for in the next paragraph.
In addition to the foregoing, when uploading any Content on the Website, be it protected or not by intellectual or industrial property rights, the User grants to Maketank the right to copy, modify, alter, improve, distribute, disclose to the public, publish, remove, retain, add, process, analyze, use and commercialize the Content itself, in any way, means or technique. Such right is non-exclusive, irrevocable, perpetual, extended to the whole world, unlimited, transferable to third parties on a permanent or temporary basis, free of charge.

The User shall indemnify any pecuniary or non-pecuniary damage, even if unforeseeable, suffered by Maketank as a consequence of a breach of the obligations provided for in this Article, and shall indemnify and hold harmless Maketank from the negative consequences, including legal and technical fees, resulting from a breach of these obligations by the User or by any third party as a result of the User’s conduct.

27. Liability
The User acknowledges that the Website is only a virtual place where Users can display and buy the Products.
Maketank can not check the statements made by the Users on the Website.
Therefore, Maketank is not liable for the quality, safety, lawfulness of the Products displayed on the Website and can not verify the truthfulness and accuracy of the information uploaded by the Users or the ability of the Users to abide by their obligations.
Maketank is not responsible for economic losses, goodwill or reputation damage, or for any direct, indirect or consequential damages resulting from the use of Website, the services of Maketank or from the Products purchased on the Website.
Maketank is not responsible for economic losses, goodwill or reputation damage, or for any direct, indirect or consequential damages resulting from any activity performed by the Users through the Website and from the non-fulfillment of the Digital Makers’ obligations.
Except in cases of wilful misconduct or gross negligence by Maketank and according to the consumer law if applicable, the User waives the right to any claim against Maketank for the communication or diffusion by other Users of information or personal data that the User considers to violate her image, portrait, privacy, personal identity, oblivion, honor, reputation, goodwill, and any other commercial image right or interest, and for any conduct by Users of the Website, even external to the Website, included any event associated to the sales, that the User may deem to cause pecuniary or non-pecuniary damages.
Except in cases of wilful misconduct or gross negligence by Maketank and according to the consumer law if applicable, the compensation for the damages suffered by a User for which Maketank is liable is limited to the amount paid by that User to Maketank in the previous twelve months, if any, and anyway up to the maximum amount of EUR 100,00 (one hundred euros).
The User acknowledges and agrees to indemnify and hold Maketank harmless as well as its employees, managers, agents, any company of the same group and their employees from and against any claim or damages, including legal fees, made by third parties resulting or arising from a breach of the Agreement or violation of any law or right of third party.
For further details or as an integration to the provisions set out in the previous paragraphs, the User is fully liable and agrees to indemnify and harmless Maketank harmless from damage claims by third parties arising from any activity performed through the Website, from Products displayed by the Digital Makers through the Website, from any Contents uploaded on the Website, and from any other relationship between the User and Maketank.
The User will bear or, if already advanced by Maketank, will reimburse all the legal and technical costs for gathering the evidence, for the travels of witnesses also, and for any other expense connected indirectly to any judgments. It is understood that Maketank has the right to choose its lawyers and consultants.

28. Third-party websites
The Website may contain hyperlinks to third party websites from which Users can purchase products and services.
The use of third party websites is subject to the terms and conditions provided by the specific website. Maketank is not responsible for the purchase of products or services provided by third-party websites, and it does not control the content of third party websites. Any claims for damages relating to products or services provided by third-party websites, or linked to whatever type of damage suffered by the User resulting from the use of third-party website should be directed to the specific website.

29. Rules for Digital Makers
The Digital Makers shall comply with the rules of professional conduct governing their activities.
If the law applicable to a Digital Maker provides for activities reserved to specific categories of persons or special qualifications, authorizations, licenses, etc., the Digital Maker who is not duly qualified may not display on the Website the Products that do not comply with such rules.
In any case, the Digital Maker who display Products undertakes to comply with the rules in force in the place where he/she/it resides or is established for the manufacturing and sale of Products and, in particular but not limited to, the taxation rules.
The Digital Maker who display Product must first verify if the law of the place where he/she/it is resident, established or operating during the negotiating of the Agreement provides rules about the sale of such Products.
If such rules exist, the Digital Maker undertakes to comply with them.
In any case, the Digital Maker agrees to act fairly and in good faith, to comply with the tax rules applicable to the contract and not to perform any act of discrimination.

30. Rules for the sale of the Products
The Digital Maker wishing to display a Product on her/his/its Profile the Product shall communicate to Maketank, by filling the spaces prepared by Maketank:

a) the fundamental features of the Product to properly support the goods and services;
b) its identity;
c) the address where he/she/it is based, phone number, fax number and email address, where available, to allow the consumer to contact him/her/it in an effective way and, if applicable, the identity of the professional he is acting on behalf of,
d) the address of the location where the consumer can send claims, if different from that at point c), and, if applicable, the identity of the professional he is acting on behalf of,
e) the price of the Product, included all the taxes and levies, or if the the nature of the goods is such that the calculation of the price is reasonably impossible to be calculated beforehand, the criteria to calculate the price have to be indicated and, if the case, all the extra costs related to shipping, postal expenses and any other expense or in case the calculation of the expenses is reasonably impossible to be calculated beforehand, the indication that such expenses may be billed to the consumer; in case of a permanent contract or a subscription contract, the total price includes all the total costs for the billing period; in case these contracts includes the billing of a fixed fee, the total cost is equal to the total monthly costs; in case the total costs such that the calculation of the price is reasonably impossible to be calculated beforehand, the criteria to calculate the price have to be indicated;
f) the cost of the use of the communication mean used to finalize the contract in case the cost is calculated on a different basis than the base fee;
g) the means of payment and of delivery of the Product, the date within the professional commits to ship the goods or supply the services; if the case the customer claims management means;
h) the means and times of restitution or collection of the Product in case of exercise of the right of withdrawal according to to article 54, comma 1, of the Codice del Consumo and the withdrawal form of annex I, part B, of the Codice del Consumo;
i) if applicable, the information that the consumer will have to pay for the restitution of the goods in case of withdrawal and in case of distance contracts in case the goods are cannot be shipped back to the professional by postal services; ;
l) that, if the consumer exercise his right of withdrawal after a request according to article 50, comma 3, of the Codice del Consumo or of article 51, comma 8, of the Codice del Consumo he is responsible or paying the professional reasonable costs, according to article 57, comma 3, of the Codice del Consumo;
m) if no withdrawal right is present according to article 59 of the Codice del Consumo; the information that the consumer will not benefit from the right of withdrawal , or if the case, the condition in which the consumer will waive his right of withdrawal;
n) a memo about the presence of legal conformity warranty of the goods;
o) if applicable, the presence and conditions of post-sale assistance and commercial warranties;
p) the existence of applicable conduct codes as defined in article 18, letter f) , of the Codice del Consumo, and if the case how a copy can be obtained;
q) the duration of the contract, if applicable, or if the contract is permanent or it is a contract with automatic renewal, the conditions under which the withdrawal right is granted;
r) if applicable, the minimum duration of the consumer dues according to the contract;
s) if applicable, the existence and the conditions of deposits or other financial guarantees the consumer has to pay or supply upon the priofessional’s request;
t) if applicable, the features of the digital content, including the technical safety measures;
u) any applicable interoperability of the digital content with the hardware and software, of which the professional is aware of or that it’s reasonably known, if applicable;
v) if applicable, the possibility to use an extra-judicial mechanism for claims in which the professional is involved and the conditions to access to it.

Such information shall be provided in a clear and comprehensible way in the places arranged by Maketank, according to the good faith and fairness in the commercial transaction with consumers.
If the Digital Maker fails to provide the above mentioned information or if the Digital Maker does not provide the correct information, he/she/it will not be able to display his/her/its Products on the Website.
The Sale Contract is concluded when the Buyer completes the procedure of purchase on the Website.
The Sale Contract is deemed to be concluded in Italy and is governed by the laws of Italy.
When the Sale Contract is concluded the Buyer will receive an email containing Maketank data and the other information required by the law.
Therefore, since Italy is party of the United Nations Convention on Contracts for the International Sale of Goods, such Convention shall regulate the Sale Contract.
Notwithstanding the foregoing, if the Buyer is a consumer, the rules of the Italian Consumer Code or the corresponding provisions contained in the law governing the Sale Contract will also be applied.
In any case, the price will be determined only by Digital Makers’ statement on his/her Profile.

31. Pre-sale Service
The Digital Maker who intends to start production of the Product only after collecting a minimum amount of orders can invite the Users to make an offer through the Website.
In this case the Digital Maker places the Product on his/her/its Profile, indicating the same information as specified in art. 30 of these Terms of Use with the set timing for starting production and the minimum number of bids.
If at the end of the term the Product has reached the minimum amount of reservations specified by the Digital Maker or despite the failure in reaching the minimum amount the Digital Maker decides to start production of the Product, Maketank will send a notification accepting the offer of the User who have place the reservation (and when it was not cancelled) within seven working days, the Sale Agreement is considered as concluded and the amount of money blocked on Paypal will be received by Maketank.
In other case, if at the end of the term the Product has not reached the minimum amount of reservations specified by the Digital Maker, after seven days from the expiration of the term the proposal of the User will expiry and the amount of money blocked on Paypal will be unlocked.
The pre-sale Service can be only used by persons who reside or are domiciliated in Italy.

32. Legal warranty
If the Buyer is a consumer, Maketank shall provide the legal warranty provided for by the Italian Consumer Code (D.Lgs. 206/2005).

33. Right of withdrawal
The Buyer which is a consumer has the right of withdrawal from the Sale Contract provided for by the Italian Codice del Consumo (D.Lgs. 206/2005) and modifications of D.Lgs. 21 febbraio 2014 n. 21 with the following rules:
The Buyer is granted a period of 14 (fourteen) days to withdraw from the Sale Contract without any reason and at no cost except for those included in article 56, paragraph 2, of the Codice del Consumo and article 57 of the Codice del Consumo.

Without prejudice to article 53 of the Codice del Consumo, the withdrawal period expires after fourteen days from the date on which the Buyer or third party other than the carrier and indicated by the Buyer acquires physical possession of the goods or:

1) in case of multiple goods ordered by the Buyer in a single order and delivered separately, from the day in which Buyer or a third party, excluding the carrier and designated by the Buyer, acquires the property of the last Product;

2) in case of goods made in lots or multiple pieces, from the day in which Buyer or a third party, excluding the carrier and designated by the Buyer, acquires the property of the last lot or piece;

3) in case of recurring delivery contracts during a specified period of time, from the day the Buyer or a third party, excluding the carrier and designated by the Buyer, acquires the property of the first Product;

34. Exercise of the right of withdrawal from the Sale Contract
Before the end of the right of withdrawal period, the Buyer must inform Maketank of his/her/its decision to exercise the right of withdrawal from the Sale Contract. For this purpose, the Buyer may use the withdrawal form available here or may send any explicit declaration of his/her/its decision to withdraw from the Sale Contract.
The Buyer shall have exercised his/her/its right of withdrawal within the withdrawal period referred to in section 52, paragraph 2, and section 53 of the Consumer Code if the communication concerning the exercise of the right of withdrawal is sent by the Buyer before that withdrawal period has expired.

35. Effects of withdrawal
The exercise of the right of withdrawal shall terminate the obligations of the parties
Maketank agrees to refund all the payments received by the Consumer including the expenses of delivery, without undue delay and in any case within 14 (fourteen) days from the day it was informed of the decision of the Buyer to withdraw from the Sale Contract, pursuant to section 54 of the Consumer Code. This reimbursement must be done by the same means of payment used by the Buyer for the initial transaction, unless the Buyer had expressly agreed otherwise and they do not bear any costs.
If the Buyer has expressly opted for a type of delivery other than the least expensive type, Maketank is not required to repay the additional costs.
The Buyers are required, pursuant to the section 57 of the Consumer Code to return the goods or hand them to Maketank or a third party authorized by the Maketank to receive the goods without undue delay and in any event within 14 (fourteen) days from the date on which they notified to Maketank their intention to withdraw, pursuant to the section 54 of the Consumer Code.
The deadline shall be met if the Buyers send back the goods before the period of 14 (fourteen) days has expired.
The Buyers shall bear the costs of returning the goods.
The Buyers shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

The Buyers are not liable for the decrease of the value of the goods if Maketank omitted to inform them about their right of withdrawal according to section 49, paragraph 1, le. H) of the Consumer Code.

The right of withdrawal is excluded in case of:

a) supply of goods or services custom made or clearly customized;

b) supply of sealed products that must not be returned due to do sanitary reasons or connected with personal health protection that have been opened after the delivery;

c) supply of goods that, after the delivery, are clearly inseparably mixed with other goods;

d) supply of sealed audio or video recordings that have been opened after delivery;
e) supply of digital content through an intangible support if the execution has started with the express agreement of the consumer that in that case the right of withdrawal would be null.

If the Buyer and Maketank reside, have the seat and/or are established in the same country, and the law of such country provides, by way of a mandatory provision, the right to withdrawal for distance contracts, such discipline shall integrate the Agreement.

36. Other Digital Makers duties
In addition to the obligations provided by this Agreement, the Digital Maker may not:

a) offer products or services which are prohibited. The prohibited products or services are those which are prohibited by the Italian law, the law of the place, seat or establishment of the Digital Maker, the law of the place, seat or establishment of the Buyer and any other law applicable to the Sale Contract; moreover, the products or services for which Maketank decided not to allow the transfer or performance through the Website;
b) violate the law, regulations, judicial decisions and administrative measures that take effect in Italy, in the place where the Digital Maker or the Buyer reside, have the seat or are established. Among the violations of the law, particularly relevant are the violations of intellectual and industrial property rights, those relating to misleading advertising, those relating to privacy, those relating to product safety, those relating to the taxation;
c) violate the obligations arising from a contract to which the Digital Maker is a party (e.g., if the Digital Maker has contractually agreed not to transfer a good, etc.);
d) violate the obligations arising from the Agreement;
e) communicate through the Website or through other communication channels misleading information about Products;
f) make communications, representations or statements which are false, incomplete, misleading, defamatory or slanderous with regard to the Products, to the Digital Makers, to the Buyers, to the Users, to third parties, to Maketank, to the Website.

37. Complaints
For any complaint, dispute or denunciation the User shall use the Complaint Service and the related procedures. Written complaints may be sent to Maketank S.r.l., Via della Torretta, 16, Florence, Italy.

38. No waiver
Any tolerance or failure to exercise any of its right by Maketank with regard to the User shall not consitute a waiver of such right, which may be exercised by Maketank at any time.

39. Communications
Maketank may validly communicate with the User by sending a not certified email to the address provided at the time of registration or modified later.
The User agrees to communicate immediately to Maketank the modification of his/her/its email address.
The communications by Maketank are lawfully received by the User within 24 (twenty-four) hours from the sending of the email.

40. Applicable law
This agreement and any relationship between the User and Maketank and between the Users is governed by the Italian law.

41. Mediation
In the event of any dispute between the parties arising out of or in connection with the present Agreement, the parties agree to attempt the mediation procedure provided for by the OCF – Organismo di Conciliazione di Firenze, registered as n. 37 on the Register of the Mediation Bodies of the Ministry of Justice. The rules of mediation and the fees of the OCF shall be applied to the mediation proceeding; the parties are aware of such rules and fees. The procedure shall be activated by the most diligent party, through a request to the Secretary of OCF according to the OCF rules.
Notwithstanding the foregoing, if the mandatory rules entitles the User that is a consumer to activate the mediation procedure provided for by the Delibera AGCOM 19-4-2007 n. 173/07/CONS, such mediation procedure will prevail on the OCG mediation procedure.

42. Jurisdiction and competence
Any dispute between the User that is not a consumer, or that is a consumer without domicile or residence in the European Union, and Maketank relating to the Agreement, the registration, the use of the Website, shall fall within the exclusive jurisdiction of the Italian Judicial Authority, with exclusive competence of the Court of Florence. The parties agree to expressly and absolutely exclude any jurisdiction than the Italian jurisdiction and any other forum than the forum of the Court of Florence.
Any dispute between the User that is a consumer with domicile or residence in Italy, and Maketank relating to the Agreement, the registration, the use of the Website, shall fall within the exclusive jurisdiction of the Italian Judicial Authority, with competence of the Court of the place of domicile or residence of the consumer.

The parties agree to expressly and absolutely exclude any jurisdiction than the Italian jurisdiction.
Pursuant to section 1341 of the Italian Civil Code, the User acknowledges and expressly agrees the following disposition of this Agreement:

12. Creation of the profile and provision of personal data
13. Third paries’ personal data
14. Prohibition of uploading sensitive data
15. Security
16. Agreement amendments
17. Registration cancellation
18. Account suspension
19. Early termination of the Agreement
20. Website accessibility and usability
23. Obligations of the User
24. Limitation of liability
25. Maketank intellectual property rights
26. Intellectual property rights of the User and of third parties. User liability
27. Liability
28. Third-party websites
36. Other Digital Makers duties
38. No waiver
41. Mediation
42. Jurisdiction and competence.

updated at October, 30th 2015