Terms and Conditions

1. Introduction and Definitions

1.1 These Terms and Conditions (hereinafter the “T&Cs”) govern the subscription agreement for the magazine “La Conceria”, the magazine dedicated to the leather industry (hereinafter the “Magazine”), published by Lineapelle S.r.l. (hereinafter the “Publisher”), with its registered office at Via Brisa No. 3, 20123 Milan, Italy, VAT No. 12629090155.

1.2 For the purposes of these T&Cs, the following definitions shall apply:

  • “Subscriber”: any natural or legal person subscribing to one of the Subscription Plans referred to in Article 3 below, whether acting as a consumer pursuant to Article 3(1)(a) of Italian Legislative Decree No. 206/2005 (Consumer Code) or as a business user;
  • “Subscription Plan”: each of the four subscription options for the Magazine described on the website www.laconceria.it (the “Website”), together with the relevant services, prices and subscription terms specified therein;
  • “Agreement”: the subscription agreement entered into between the Subscriber and the Publisher through acceptance of these T&Cs and the selection of a Subscription Plan via the Website or any other subscription method made available by the Publisher.

1.3 The available Subscription Plans, the services included therein, the applicable prices and the duration of each plan are described in detail in the relevant section of the Website. These T&Cs shall apply to all Subscription Plans unless otherwise expressly provided in the description of the relevant Subscription Plan.

2. Subject Matter of the Agreement

2.1 The purpose of the Agreement is to provide the Subscriber, for the duration and under the terms of the selected Subscription Plan, with the editorial content and services included therein, which may, depending on the subscription purchased, include:

  1. the printed edition of the Magazine;
  2. the digital edition of the Magazine;
  3. the daily online newsletter;
  4. access to the historical archive;
  5. access to restricted areas and other digital content published on the Website.

2.2 The Publisher reserves the right to modify the content, publication frequency, methods of access and characteristics of the services included in the Subscription Plan where justified by a legitimate reason as set out in this Agreement. Legitimate reasons include, by way of example and without limitation:

  1. technical, organisational, production or distribution requirements arising after the Agreement has been concluded;
  2. requirements relating to the updating, development, maintenance or security of the Website or digital systems;
  3. changes required by applicable laws, regulations or orders issued by competent authorities;
  4. the unavailability, modification or discontinuation of third-party technologies, platforms, software or services necessary for the provision of the service;
  5. editorial requirements, business reorganisation or updates to the Publisher’s offering;
  6. significant changes in the costs of production, printing, distribution or management of the services.

The Publisher shall notify the Subscriber of any such changes at least thirty (30) days in advance by means of a clear and comprehensible notice sent on a durable medium and published on the Website.

Material changes shall mean changes that have a non-negligible adverse effect on the Subscriber’s use of, or access to, the services, including, by way of example:

  1. the permanent removal of an essential component of the Subscription Plan;
  2. a significant reduction in the publication frequency of the Magazine or the newsletter included in the Subscription Plan;
  3. termination of access to the historical archive or other restricted digital content included in the Subscription Plan;
  4. removal of access through one of the formats expressly included in the Subscription Plan.

In the event of a material change, the Subscriber shall have the right to terminate the Agreement without charge within thirty (30) days from receipt of the relevant notice or, if later, from the date on which the change becomes effective.

This provision shall not apply to changes having no material impact, including purely graphical, editorial, layout, naming or routine maintenance changes.

3. Formation of the Agreement

3.1 The Agreement shall be concluded when the Subscriber submits the subscription order electronically through the Website after accepting these T&Cs and the information relating to the selected Subscription Plan.

3.2 The Publisher shall send the Subscriber, to the email address provided during the subscription process, a confirmation of the successful subscription containing a summary of the selected Subscription Plan, including its price and expiry date.

4. Prices and Payment

4.1 The prices of the Subscription Plans are those indicated on the Website at the time the subscription is purchased. Unless otherwise specified, all prices are inclusive of VAT where applicable.

4.2 Payment of the subscription fee shall be made by the Subscriber using one of the payment methods indicated on the Website. The subscription shall become effective only upon successful receipt of payment by the Publisher.

4.3 In the event of non-payment, partial payment or irregular payment of the subscription fee, the Publisher may refrain from activating the subscription or, if it has already been activated, suspend access to the content and services until full payment of all amounts due has been received.

5. Term and Renewal

5.1 The term of the Agreement shall be that specified for the selected Subscription Plan on the relevant page of the Website. The subscription shall not renew automatically.

5.2 Shortly before the subscription expires, the Subscriber shall be notified of the upcoming expiration date and the available renewal procedures.

6. Right of Withdrawal

6.1 Pursuant to Articles 52 et seq. of Italian Legislative Decree No. 206/2005 (Consumer Code), any Subscriber qualifying as a consumer shall have the right to withdraw from the Agreement within fourteen (14) days from its conclusion, without providing any reason and without incurring any costs.

The right of withdrawal shall apply in full, without exceptions or limitations, even where the Subscriber has already accessed the Magazine’s digital content during the withdrawal period, as a voluntary derogation by the Publisher from Article 59(1)(o) of the Consumer Code.

6.2 The Subscriber may exercise the right of withdrawal by either:

(a) using the dedicated “Request Withdrawal” function available in the Subscriber’s personal account on the Website;

(b) sending a written notice to the Publisher by email, certified email (PEC) or registered mail with return receipt to the contact details set out in Article 12.3.

The notice shall include the details identifying the relevant subscription together with an unequivocal statement of the Subscriber’s intention to withdraw from the Agreement. The burden of proving that the right of withdrawal has been exercised shall rest with the Subscriber.

The Publisher shall send the Subscriber confirmation of receipt and processing of the withdrawal request to the email address provided by the Subscriber.

6.3 Where the right of withdrawal is validly exercised, the Publisher shall reimburse all payments received from the Subscriber in full, without any deductions, including any delivery charges (except for any additional costs resulting from the Subscriber’s choice of a delivery method other than the standard delivery offered), without undue delay and, in any event, within fourteen (14) days of receipt of the withdrawal notice.

The reimbursement shall be made using the same means of payment used by the Subscriber for the original transaction, unless otherwise expressly agreed.

6.4 The right of withdrawal shall not apply to Subscribers acting in the course of their trade, business, craft or profession pursuant to Article 3(1)(c) of the Italian Consumer Code, unless otherwise expressly agreed by the Publisher.

7. Subscriber’s Obligations

7.1 The Subscriber undertakes to:

  • provide accurate, complete and up-to-date personal and contact information, and promptly notify the Publisher of any changes thereto;
  • keep the credentials used to access the digital content secure and confidential and not disclose or transfer them to any third party;
  • not reproduce, distribute, communicate to the public, make available to third parties, whether in whole or in part, the editorial content of the Magazine, except as permitted by applicable law and these T&Cs;
  • not use the Magazine’s content for commercial or competitive purposes without the Publisher’s prior written consent.

7.2 The Subscriber shall be responsible for any unauthorized use of the Magazine’s content and of the Subscriber’s account and agrees to indemnify and hold harmless the Publisher from and against any loss, damage, claim, liability, cost or penalty arising out of any breach of the obligations set out herein.

7.3 The Subscriber shall promptly notify the Publisher of any unauthorized use of the Subscriber’s account or login credentials of which the Subscriber becomes aware.

7.4 The Publisher reserves the right to implement technical measures to protect, monitor and secure its digital content, including, without limitation, watermarking systems, access restrictions, monitoring of unusual access patterns and tools designed to prevent unauthorized or abusive use.

7-bis. Suspension of the Service and Express Termination Clause

Without prejudice to any other rights or remedies available under applicable law, the Publisher may suspend access to the content and services, including without prior notice in cases of particular urgency, in the event of:

  1. non-payment or late payment of the subscription fee;
  2. improper use of the Subscriber’s account or disclosure of login credentials to third parties;
  3. breach of the obligations set out in Articles 7 and 8;
  4. conduct likely to compromise the security, integrity or proper functioning of the Website or the digital services.

The Agreement shall be automatically terminated pursuant to Article 1456 of the Italian Civil Code upon written notice from the Publisher declaring its intention to rely on this express termination clause in any of the following cases:

  1. non-payment continuing for more than fifteen (15) days after the payment due date;
  2. unauthorized reproduction, distribution, communication to the public, making available to third parties or exploitation of the Magazine’s editorial content;
  3. assignment, sharing or unauthorized use of access credentials;
  4. serious or repeated breaches of the obligations set out in Articles 7 and 8.

In the event of suspension or termination, all amounts accrued up to the effective date of the suspension or termination shall remain due and payable to the Publisher.

8. Intellectual Property

8.1 All content published in the Magazine—including, without limitation, texts, articles, photographs, graphics, illustrations, videos, trademarks and logos—is the exclusive property of the Publisher or its respective licensors and is protected under Italian and European Union laws governing copyright (Italian Copyright Act No. 633/1941, as amended), industrial property rights and unfair competition.

8.2 The subscription grants the Subscriber solely a personal, non-exclusive, non-transferable right to access and use the Magazine’s content for personal, non-commercial purposes. Any other use not expressly authorized is strictly prohibited.

9. Limitation of Liability

9.1 The Publisher shall not be liable for any delay, malfunction, suspension or interruption in the provision of the content or services resulting from force majeure, unforeseeable events, technical failures, maintenance activities, interruptions to electronic communications networks, malfunction of the Website, unavailability of third-party platforms or services, or failures of the Subscriber’s devices or internet connection.

9.2 The Publisher shall take reasonable measures to ensure the continuity, accuracy and updating of the content. However, the Publisher does not warrant that the services will be uninterrupted, error-free or continuously available.

The content of the Magazine is provided solely for informational purposes and does not constitute professional advice.

9.3 Except in cases of wilful misconduct or gross negligence, the Publisher shall not be liable for any indirect, consequential or incidental damages, loss of profits, loss of business opportunity, loss of data, business interruption or any other loss arising out of or in connection with the use of, or inability to use, the content or services.

10. Processing of Personal Data

10.1 The personal data provided by the Subscriber shall be processed by the Publisher, acting as the Data Controller, in full compliance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and Italian Legislative Decree No. 196/2003 (Italian Privacy Code), as amended by Italian Legislative Decree No. 101/2018.

10.2 The full Privacy Notice, setting out the purposes of the processing, the legal basis for processing, the applicable data retention periods, the data subject’s rights and the procedures for exercising such rights, is available in the relevant section of the Website and is hereby incorporated by reference into these T&Cs.

11. Governing Law and Jurisdiction

11.1 This Agreement shall be governed by and construed in accordance with the laws of Italy.

11.2 Any dispute arising out of or in connection with this Agreement involving a Subscriber who is not a consumer shall be subject to the exclusive jurisdiction of the Court of Milan, Italy.

11.3 Where the Subscriber qualifies as a consumer, the mandatory jurisdiction of the court of the consumer’s place of residence or domicile, as provided by applicable law, shall remain unaffected.

12. Final Provisions

12.1 The Publisher reserves the right to amend these T&Cs where justified by a legitimate reason. Legitimate reasons include, by way of example and without limitation:

  1. changes in applicable laws or regulations;
  2. requirements imposed by competent authorities;
  3. technical, organisational, commercial or security requirements;
  4. the evolution of the services, digital functionalities or methods of providing the subscription services;
  5. the need to clarify, supplement or improve the transparency of the contractual provisions.

Any amendments shall be notified to the Subscriber at least thirty (30) days in advance by email or another durable medium and shall also be published on the Website.

Where any amendment has a non-negligible adverse effect on the Subscriber’s position, the Subscriber shall have the right to terminate the Agreement without charge within thirty (30) days of receiving the relevant notice.

12.2 Should any provision of these T&Cs be held invalid, unlawful or unenforceable, such invalidity, unlawfulness or unenforceability shall not affect the validity or enforceability of the remaining provisions.

12.3 For any communication relating to this Agreement, the Subscriber may contact the Publisher using the following details:

  • Lineapelle S.r.l.
  • Via Brisa No. 3, 20123 Milan, Italy
  • Telephone: +39 02 8807711
  • Email: info@laconceria.it
  • Certified Email (PEC): Lineapelle@pec.lineapelle-fair.it

 

13. Unfair Contract Terms – Specific Approval

13.1 Pursuant to Articles 1341 and 1342 of the Italian Civil Code, any Subscriber who does not qualify as a consumer, or in any case where such provisions of the Italian Civil Code apply, expressly declares that they have specifically read, understood and approved the following clauses:

  • Article 2.2 (Publisher’s right to unilaterally modify the content, publication frequency and methods of access to the Magazine);
  • Article 4.3 (non-payment);
  • Article 7.2 (Subscriber’s indemnification obligation);
  • Article 7-bis (suspension of the service and express termination clause);
  • Article 9 (Limitation of Liability);
  • Article 11 (Governing Law and Jurisdiction).

The Subscriber acknowledges having read, examined and fully understood each of the clauses listed above and expressly accepts and approves them.