LEGAL NOTES REGARDING THE GENERAL SALE CONDITIONS EXCLUSIVELY APPLICABLE TO THE PURCHASE OF THE WOOLF/MOTO BRACELET AND TO THE USE OF THE WOOLF_ID APPLICATION
WOOLF_ID® is a trademark owned by WOOLF s.r.l. WOOLF s.r.l. and its product ("WOOLF" or the “Company” or "WOOLF s.r.l.") offer a signalisation service of fixed speed cameras, mobile speed cameras and sensitive spots to the users of woolf.bike (the " Website ") and/or to the users of WOOLF_ID's mobile application (the " Application ") (collectively referred to as the “ Services ").
The following legal notes of the general partnership company WOOLF s.r.l., registered in the Commercial Register of Verona (Italy) REA 2518278, registered office in Piazza Castello 2, 20121 Milano, are applicable to the purchase of the WOOLF/Moto wristband and to the use of the WOOLF_ID application.
These legal notes represent a translation of the key points of the General Sales Conditions (GSC). The full text of the Italian version will prevail in case of any dispute. The user can consult the full version of the GSC document and its attachments at the following link: Terms and Conditions.
The document has been edited in Italian and the Italian text is the only one to be true, although these legal notes have been written in the English / French / Spanish languages for convenience of the Parties.
In case of legal dispute, the only language of the lawsuit will be the Italian one. The Party which has interest in it shall make, for the purpose of the dispute itself and at its own expense, a sworn translation of the full text of the document edited in Italian which the other party recognizes and accepts from now on as an expression of the will of the Parties.
Woolf s.r.l reserves the right to modify the GSCs at any time. These changes will take effect from the time they are published online, but will not be applicable to previously concluded agreements.
The use of the WOOLF_ID service does not relieve the user from maintaining a cautious drive in compliance with the Road Traffic Regulations.
Woolf s.r.l. has developed and commercialized an assistance service accessible through the connected, geolocated mobile Application WOOLF_ID, which allows to communicate information such as the presence of speed cameras, sensitive or dangerous spots in real time. The use of the WOOLF_ID application implies full and complete acceptance of the GSCs.
ARTICLE 1 - WOOLF_ID SERVICE
The WOOLF_ID Service is valid for the 67 countries covered by the SCDB provider service. Since in some countries the use of driving assistants is not permitted, it is the Customer's obligation to comply with the applicable law and the Customer is solely responsible for their use in accordance with the applicable law.
The service of signalisation of speed cameras and other sensitive spots is provided through the WOOLF Application associated with the same wristband.
ARTICLE 2 - WOOLF_ID APPLICATION
The WOOLF_ID Application, associated to the homonym wristband, can be downloaded from the App Store or Play Store. The functioning of the Application requires the purchase of the WOOLF/Moto wristband and the subsequent association of the latter with the application itself.
ARTICLE 3 - WOOLF_ID WITHDRAW RIGHT
The user has the freedom to decide the interruption of the WOOLF_ID Application without having to communicate it to Woolf s.r.l.
ARTICLE 4 - CLIENT'S OBLIGATIONS
The Customer undertakes to comply with all instructions regarding the configuration and use of the WOOLF/Moto wristband and Application. The Customer will be solely liable in case of incorrect configuration or misuse of the WOOLF/Moto wristband and Application.
ARTICLE 5 - OBLIGATIONS OF Woolf s.r.l owner of WOOLF_ID®
Woolf s.r.l undertakes to ensure, as far as possible, the proper functioning of the WOOLF_ID Service and to adopt all necessary measures to maintain the continuity and the quality of the Service itself.
Woolf s.r.l can remotely update the integrated system of the Application, in accordance with the terms of the general license terms. Equally, Woolf s.r.l assures compliance with the WOOLF_ID Service law.
ARTICLE 6 - LIABILITY
Woolf s.r.l can not be held liable if the breach or misconduct of the Contract is attributable to the Customer or to any limitations independent to the will of Woolf s.r.l.
The Customer declares to be aware that the WOOLF_ID Service performance is partly based on information provided to Woolf s.r.l. by third party contractors, especially regarding the indication of speed cameras and sensitive spots. Therefore, any liability in charge of Woolf s.r.l. is excluded if the information provided by third parties is incomplete, obsolete or incorrect.
The use of the WOOLF/Moto wristband and Application can under no circumstances exempt the Customer from the strict observance of the Road Traffic Regulations. The Customer acknowledges that the WOOLF_ID Service does not in any way substitute the compliance of the Road Traffic Regulations and Woolf s.r.l. can not be held responsible for any breaches attributed to the Customer.
Since the data about speed cameras and sensitive spots are provided by the third party SCDB, Woolf s.r.l. will not be liable and will not be obliged to pay compensation for any damages or surcharges resulting from the lack of updating by the WOOLF service user or from the failure of the SCDB third party service.
Except as provided by statutory provisions, Woolf s.r.l. ensures the regularity of the execution of this contract, but is exempted from any and all contractual and / or non-contractual liability for direct and / or indirect damages suffered by customers and / or third parties as a result of negligence or violation of the Road Traffic Regulations. Anyhow, Woolf s.r.l will not be liable for any sanctions that may arise against the user of the WOOLF service in the event of driving negligence or violation of the Road Traffic Regulations.
ARTICLE 7 - SUPPORT SERVICE
Woolf s.r.l. will provide the Customer with a telephone support service accessible at the following number: +39 045 4937991 and a free online support service accessible at the following address: [email protected]
ARTICLE 8 - CONTROVERSIES
In the event of a dispute, the Customer may contact one of the support service consultants in order to find a friendly solution. Any complaints, disputes, objections or redemption requests must include relevant supporting documents in order to be considered valid and to be taken into account.
Woolf s.r.l. undertakes to respond to any complaint within 30 (thirty) working days from the date of receipt.
ARTICLE 9 - LEGAL WARRANTY
The Customer is entitled to a legal warranty against the defects of the sold product referred to in art. 129 et seq. of the Italian Consumer Code. The legal warranty is not guaranteed in case of breakage, fall, non-conforming use, oxidation, modification or repair not performed by the after sales services indicated by Woolf s.r.l.
ARTICLE 10 - PROTECTION OF PERSONAL DATA
Woolf s.r.l, as a data controller, undertakes to protect the Customer's personal data. The Customer is informed that, in order to be able to provide the WOOLF_ID Service, Woolf s.r.l. collects and processes anonymously the data about the geographical location of the Customer's vehicle (latitude, longitude, speed, direction).
ARTICLE 11 - APPLICABLE LAW AND COMPETENT JUDICIARY
This Agreement is governed by the Italian law. Any dispute concerning this Agreement will be devolved solely to the jurisdiction of the Italian forum, with the exception of disputes involving consumers, to which the rules of jurisdiction in this field apply.
ARTICLE 12 - LEGAL INFORMATION
The web site www.woolf.bike is published by WOOLF SRL, a private company registered in the Commercial Register of Milano REA: 2518278, registered office in Piazza Castello 2, 20121 Milano Italy.