Art. 1 – General Terms of Online Sale
These general terms of online sale (hereinafter referred to as the "General Terms") govern the sale between Akuis S.r.l., headquartered at Via Aita n. 2, 33028 Tolmezzo (UD), Italy, registered with the Udine Business Register, tax code and VAT no. 02919200309, REA n. UD-297968 (the "Seller"), and the customer (the "Buyer") concerning the goods and/or services (hereinafter each a "Product" and collectively the "Products") marketed on the website www.akuis.tech (the "Site").
These General Terms are an integral and essential part of the sale contract for the Products concluded through the exchange of proposal and acceptance as outlined in Article 3 below (hereinafter the "Contract") and entirely replace any contractual conditions of the Buyer, even if previously agreed upon, any other general terms of the Buyer, as well as any prior agreements between the Parties, except for specific and subsequent written agreements.
The Seller may modify these General Terms. In such cases, the Buyer will be notified via email at least 30 (thirty) days before the modifications take effect, and in any case, before the Contract is concluded. It is understood that if the Buyer is a consumer or user under Art. 3, par. 1, letter A, Legislative Decree 206/2005 (the "Consumer Code") (the "Consumer") and such modification occurs after the purchase order has been sent, the Buyer must expressly approve the related modification. Otherwise, only the general conditions in effect at the time of the purchase order or as specifically agreed with the individual Buyer will apply.
Art. 2.1 – Products
The material and digital characteristics of the Products are described on the various web pages of the Site. “Home Products” refers to Products designed exclusively for domestic use,while “Business Products” refers to Products intended for commercial/professional use.
Each Product – whether Home or Business – includes a hardware component and a software component, which is considered an essential part of each Product. The software component and related functionalities may vary depending on the device installed that is compatible with the individual Products. The Products cannot be reproduced, reverse-engineered, or licensed.
Each Product is also equipped with a GPS receiver that enables the Seller to track the location of the Product, and the Buyer consents to this by proceeding with the purchase order.
Home Products are not designed for professional use and therefore cannot be purchased or used for such purposes. Home Products are intended for purchase and use only by individuals acting as Consumers. The Buyer acknowledges the risks that the use of a Home Product for professional purposes may pose to the user.
Business Products, on the other hand, are designed for professional use. Therefore, they may be purchased and used both by individuals acting in the course of a commercial activity and by Consumers for domestic use.
"Professional use" refers to the intensive use of the Product in public places, including gyms and/or fitness centers located in hotels or other hospitality structures (including corporate gyms), which are intended for use by hotel and/or hospitality guests. "Domestic use" refers to the use of Home Products in non-public spaces (such as residential properties), for a daily period and with load settings compatible with use by members of an average family household.
Art. 2.2 – Software
Under the terms and conditions of the Contract, the Seller grants the Buyer a non-exclusive, paid, limited license to use the software component essential for operating the specific Product purchased, without the right to sublicense.
Unless expressly permitted by applicable law, the Buyer is not authorized to reproduce copies, modify, reverse-engineer, translate, adapt, transform, decompile, or disassemble the software, nor to reproduce it.
The Buyer is expressly prohibited from adapting, modifying, revising, improving, upgrading, or creating derivative works of the software or based on it, including error corrections or any other type of maintenance and support activity. Any further use of the software by the Buyer is expressly excluded.
The Buyer acknowledges and agrees that the Seller owns all intellectual property rights (including copyright) to the software and any related user documentation.
The Buyer acknowledges and agrees that purchasing a Home Product grants a software license for domestic use only, and using the software in ways not consistent with this domestic use constitutes a violation of the general conditions and the software license.
The Seller reserves the right, through a verification system for the software component of the Products, to detect significant anomalies in the use of the Product and its software, which are indicative of a violation of this software license. If such verification identifies unauthorized use of the licensed software, the Seller reserves the right to demand compensation for damages arising from the violation of the Seller's intellectual property rights, including the costs of verifying the violation and the expenses incurred to contest it.