Terms and Conditions

1. Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, shall have the meaning indicated below:

• Owner: Beniamino Ferrari, Via Gorizia 20, 26013 Crema, Tax Code FRRBMN82M11G842O, certified e-mail address (PEC) softcontrol@messaggipec.it
• Application: the web site and the application Surface Identity
• Products: the services provided to the User by the Owner and the goods and/or services provided through the Application by a Third-party Provider
• User: any person who accesses and uses the Application
• Consumer User: the natural person who enters into a contract for purposes which are not related to his trade, business or profession
• Non-Consumer User: an adult natural person or a legal person who enters into a contract for the performance or needs of their trade, business or profession
• Third-party Provider: the natural or legal person, other than the Owner, who offers the Products through the Application in the performance of their trade, business or profession
• Content: any textual or multimedia element in the Application, including, by way of example, announcements, insertions, reviews and images
• Conditions: this contract which governs the relationship between the Owner and the Users as well as the sale or supply of the Products offered by the Owner through the Application.

2. Relationship between the Owner, Third-party Providers and Users

The Application hosts a platform managed by the Owner that facilitates contact with Users interested in the Products offered by the Owner and Third-party Providers.

If Products are offered by a Third-party Provider, the Owner is not a party to the relationship between the User and the Third-party Provider and therefore assumes no liability arising from that relationship. The Owner shall be considered solely a technical operator of the Application. Any contract entered into between Third-party Providers and Users is therefore not subject to the Conditions.

3. Scope of the Conditions

Use of the Application implies the User's full acceptance of the Conditions. If the User does not accept the Conditions and/or any other note, legal notice or information published or referred to in them, the User shall not use the Application or its related services.

The Owner may amend the Conditions at any time.

The applicable Conditions are those in force on the date when a purchase order or request for the supply of a Product is transmitted.

Before using the Application, the User is required to read the Conditions carefully and save or print them for future reference.

The Owner reserves the right to change, at his own discretion and at any time, even after the User has registered, the graphic interface of the Application, the Contents and their organisation, as well as any other feature that characterises the functionality and management of the Application, communicating to the User the relative instructions, when necessary.

4. Purchase or delivery request through the Application

All Products offered through the Application are described in detail in the relevant product pages (quality, features, availability, price, supply and execution times, accessory charges, etc.). Some errors, inaccuracies or small differences between what is published in the Application and the Product may occur. Furthermore, the images of the Products shall be considered as a mere representation and do not constitute a contractual element.

Purchases and / or delivery requests of one or more Products through the Application are permitted both to Consumer Users and to Non-Consumer Users.

Purchases and / or delivery requests are permitted only to natural persons of legal age. For minors, any purchase and / or request for the supply of Products through the Application shall be examined and authorised by the parents or those exercising parental authority.

The offer of Products through the Application shall be deemed an invitation to make an offer, and the order sent by the User shall be a contractual purchase proposal and/or delivery request, subject to confirmation and/or acceptance by the Owner as described below. The Owner therefore has the right to accept or refuse the User's order or delivery request at its discretion. Accordingly, the User is not entitled to challenge the Owner’s decision for any reason.

The contract of sale or provision of the Products is deemed to be concluded with the Owner’s acceptance of the User’s contractual purchase proposal or delivery request. The Owner shall inform the User of the acceptance by sending an order confirmation to the e-mail address indicated by the User or by displaying a web order confirmation page. The confirmation shall contain the date of the order, the User’s data, the characteristics of the Product and information on its availability, the price or the manner in which the price is to be calculated, further charges and/or taxes, if any, supply and execution times, the procedures for exercising the right of withdrawal or its possible exclusion, and the guarantee.

The contract for the sale or supply of the Products does not take effect between the parties unless the requirements in the preceding paragraph are met.

If the Product is unavailable, the Owner shall inform the User of the new delivery terms and ask whether the User intends to confirm the order. The contract shall be deemed concluded only with reference to the Products accepted by the Owner.

The User shall verify the correctness of the data reported in the order confirmation and immediately notify the Owner of any errors. The User shall keep a copy of the order, of the confirmation and of the Conditions.

5. Registration

To take advantage of the features of the Application, the User shall register and provide, truthfully and completely, all data requested in the registration form and accept the Privacy Policy and the Conditions.

The User is responsible for safeguarding their login credentials. The credentials shall be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them confidential and to ensure that no third party has access to them. If the User suspects or becomes aware of any improper use or disclosure, they shall immediately inform the Owner.

The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless from any damage, indemnity and / or penalty resulting from and / or in any way connected to the infringement by the User of the Application registration rules or the storage of the login credentials.

6. Account cancellation and closure

The registered User can interrupt the use of the Application at any time and deactivate his account or request the cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address info@surfaceidentity.com.

In case of violation by the User of the Conditions or of the applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without notice.

7. Subscription

The Application offers subscription Products. The features and methods of subscription are detailed in the Application.

In order to subscribe, the User shall follow the procedure indicated in the Application and provide the requested information. The subscription fees, if any, shall be charged on the specified date and with the frequency indicated at the time of purchase.

The subscription shall renew according to the methods and schedule indicated in the Application.

Users can deactivate the renewal of the subscription in the Application or by sending a communication to the e-mail address info@surfaceidentity.com or by changing the preferences of the payment method used.

8. Prices and payments

For each Product, the price excluding VAT, where applicable, is indicated. If the price cannot be calculated in advance due to the nature of the Product, the method for calculating it shall be indicated.

All possible taxes and additional costs, which may vary depending on the payment method used, shall also be indicated. If these items cannot reasonably be calculated in advance, the expenses to be charged to the User shall be identified.

The Owner reserves the right to change the price of the Products as well as any additional costs at any time. It is understood that price changes shall in no case affect the contracts already concluded before such change.

The User undertakes to pay the price of the Product within the time and by the methods indicated in the Application, and to provide the requested information.

The Application uses third-party tools to process payments and does not come into contact with the payment data provided (credit-card number, cardholder's name, password, etc.).

Should these third party tools deny payment authorisation, the Owner shall not provide the Products and cannot be held responsible in any way.

9. Billing

The User who intends to receive an invoice for the payment shall provide the Owner with the billing information. In this case, the User declares that the information provided is true and releases the Owner from any liability in this regard.

10. Delivery method of services

The Owner shall provide the services to the User, in the manner and at the time indicated in the Application and detailed in the order confirmation.

In the event that it is not possible to supply the services within the aforesaid terms, the Owner shall promptly notify the User via e-mail, indicating the expected time of the delivery or the reasons that make the delivery impossible.

If the User does not intend to accept the new term or delivery has become impossible, they may request a refund of the amount paid. The refund shall be paid promptly using the payment method used for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the refund request.

11. Exclusion of the right of withdrawal for Non-Consumer Users

The Non-Consumer User is not entitled to withdraw from the contract of sale or delivery of the Products. The User expressly acknowledges that the indication in the order of a VAT identification number qualifies him as a Non-Consumer User.

12. Consumer User's right of withdrawal from the purchase of services

The Consumer User who, for any reason, is not satisfied with the Product has the right to withdraw from the contract without penalty and without specifying the reason, within the term of 14 days from the date of signature of the contract, by sending a written communication to the e-mail address info@surfaceidentity.com, using the optional withdrawal form in the following article or any other written declaration.

If the right of withdrawal is exercised correctly, the Owner shall refund the payments received from the User. The refund shall be paid promptly using the payment method used for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the refund request.

When requesting a service, the Consumer User acknowledges and agrees to lose the right of withdrawal after the service has been fully provided if performance began with their express consent and acceptance that the right would be lost after completion, pursuant to Section 59, point (a), of the Italian Consumer Code. Furthermore, the Consumer User acknowledges and agrees to lose the right of withdrawal if they requested that the service begin during the withdrawal period, pursuant to Section 51, paragraph 8, of the Italian Consumer Code.

Where the service has not been fully provided and the Consumer User intends to withdraw from the contract, the Consumer User remains obliged, pursuant to Section 57, paragraph 3, of the Italian Consumer Code, to pay the Owner an amount proportional to what was provided up to the moment when the right of withdrawal was exercised.

The Consumer User acknowledges and accepts that the withdrawal from a subscription does not entail the return of the amounts paid for the Products already used or supplied.

13. Optional form to exercise the right of withdrawal

The User can withdraw from the contract by using the following form, which must be completed in its entirety and sent to the e-mail address info@surfaceidentity.com before the withdrawal period has expired:

• I hereby communicate the withdrawal from the sales or supply contract relating to the following product: __________
• Order number: _______
• Date of the order: _______
• Name and surname: _______
• Address: ______
• E-mail associated with the account from which the order was made: ____________________
• Date: __________

14. Content sent by the Users

The User can upload Content to the Application, provided that it is not illegal (e.g. obscene, intimidating, defamatory, pornographic, abusive, otherwise illegal, or in violation of privacy or the intellectual and/or industrial property rights of the Owner and/or third parties), misleading, otherwise harmful to the Owner and/or third parties, or containing viruses, political propaganda, commercial solicitations, mass e-mail or any other form of spam. In the event of a dispute by a third party regarding any announcement or related conduct, the User assumes full liability and undertakes to hold the Owner harmless from any damage, loss or expense.

The User guarantees that Content is submitted to the Application through their account by an adult natural person. For minors, the submission of Content must be reviewed and authorized by their parents or those exercising parental authority.

The User is solely and exclusively responsible for using the Application to publish, consult and manage Content and to contact other Users. The User is therefore solely responsible for the correctness, completeness and lawfulness of the Content and their own conduct.

It is forbidden to use an e-mail address that does not belong to the User, to use another User's Personal Data and credentials in order to assume their identity, or otherwise to declare false information about the origin of Content.

The Owner is unable to ensure timely control over Content received and reserves the right to delete, move or modify at any time any Content that, at the Owner's discretion, appears illegal, abusive, defamatory, obscene, prejudicial to copyright or trademarks, or otherwise unacceptable.

Users grant the Owner a non-exclusive right to use submitted Content without territorial limitation. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode and adapt in any form any Content submitted by the User, including images and audio or video messages. This includes, without limitation, the right to adapt Content for transmission in any form of communication, including through third parties.

Submitted Content will not be returned, and the Owner will not be liable to Users for its loss, modification or destruction.

Unless explicitly authorized by the Owner, the following are expressly forbidden: i) using automated systems to upload announcements, except those expressly authorized; ii) serially publishing and/or managing advertisements for third parties by any means or method; and iii) reselling the Owner's services to third parties.

15. Creative Commons License

The Contents and/or materials available on the Application are made available under the terms of the “Creative Commons Public Licence CC BY 4.0” (hereinafter the “License”). The Contents and/or materials available on the Application are protected by copyright, other rights granted under copyright law (related rights, database rights, etc.), and/or other applicable laws. Any use of the Contents and/or materials available on the Application that is not authorized under the License and/or other applicable laws is prohibited.

The Owner grants the User the rights listed below provided that he agrees to respect the terms and conditions of the License.

The Owner allows the User to reproduce, distribute, communicate to the public, represent, perform, recite and transform the Contents and/or materials available on the Application by any means and in any format, for any purpose, including commercial purposes, provided that the User attributes authorship of the work to the Owner, provides a link to the License, and indicates whether any changes have been made. Read the Creative Commons CC BY 4.0 legal code (external site).

16. Exclusion of warranty

The Application is provided "as is" and "as available". The Owner does not provide any express or implied guarantee in relation to the Application, nor any guarantee that the Application will satisfy Users' needs, remain uninterrupted, or be free of errors, viruses or bugs.

The Owner will endeavour to ensure that the Application is continuously available 24 hours a day, but cannot be held responsible if, for any reason, the Application is inaccessible and/or inoperative at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, reasons wholly beyond the Owner's control, or force majeure.

17. Limitation of liability

Except in cases of wilful misconduct or gross negligence, the Owner shall not be liable to the User for service disruptions or malfunctions connected to Internet use that are beyond the control of the Owner or its suppliers.

Furthermore, the Owner will not be liable for damages, losses or costs incurred by the User as a result of failure to perform the contract for reasons not attributable to the Owner. The User shall only be entitled to a full refund of the price paid and any additional charges incurred.

The Owner assumes no responsibility for fraudulent or illegal use of credit cards or other means of payment by third parties, since the Owner does not come into contact with the payment data used (credit-card number, cardholder's name, password, etc.).

The Owner shall not be held liable for:

• any loss of business opportunities and any other loss, even indirect, possibly suffered by the User that is not a direct result of the breach of contract by the Owner
• incorrect or unsuitable use of the Application by Users or third parties
• the issuance of incorrect documents or tax data due to errors in data provided by the User, who is solely responsible for entering it correctly

In no case shall the Owner be held liable for a sum greater than twice the cost paid by the User.

18. Force majeure

The Owner shall not be responsible for failing to fulfil, or for late fulfilment of, its obligations due to circumstances beyond its reasonable control, force majeure, or other unforeseen and unforeseeable events independent of its will.

The Owner's obligations shall be considered suspended for the duration of a force-majeure event.

The Owner will take every action within its power to identify solutions that allow the proper fulfilment of its obligations despite continuing force-majeure events.

19. Links to third-party web sites

The Application may contain links to third-party web sites / applications. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites / applications.

Some links may lead to third-party sites/applications that provide services through the Application. In these cases, the general conditions prepared by those third parties for use of the site/application and the service will apply to the individual services, for which the Owner assumes no responsibility.

20. Privacy

The protection and processing of personal data will be in accordance with the Privacy Policy.

21. Applicable law and jurisdiction

The Conditions are subject to Italian law.

Any dispute concerning the application, execution or interpretation of these Conditions shall be subject to the jurisdiction of the courts where the Owner is based.

For Consumer Users, any dispute concerning the application, execution and interpretation of these Conditions shall be referred to the courts where the Consumer User resides or has elected domicile, if located in the territory of the Italian Republic, without prejudice to the Consumer User's right to go to a court other than the “consumer court” pursuant to Section 66-bis of the Italian Consumer Code, with territorial jurisdiction according to one of the criteria in Sections 18, 19 and 20 of the Code of Civil Procedure.

Consumer Users who are not resident or domiciled in Italy retain the benefit of any more favourable mandatory provisions established by the law of the country in which they reside or are domiciled. This applies in particular to the period for exercising the right of withdrawal, the return of Products when that right is exercised, communication formalities, and the legal guarantee of conformity.

For Users who are not Consumers, any dispute concerning the application, execution and interpretation of these Conditions will be referred to the forum of the place where the Owner is based.

22. Online dispute resolution for Consumer Users

The European Online Dispute Resolution (ODR) platform was discontinued on 20 July 2025 pursuant to Regulation (EU) 2024/3228. The former platform is therefore no longer available for submitting or resolving disputes. Read Regulation (EU) 2024/3228 on EUR-Lex (external site).

Date 24/05/2021