Terms of Service

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products offered on fuellabstudio.com, as part of the service, are provided for a fee.

The fees, duration, and conditions applicable to the sale of such Products are described below and in the respective sections of fuellabstudio.com.

Product Description

Prices, descriptions, and availability of the Products are specified in the respective sections of fuellabstudio.com and are subject to change without notice.

Although the Products on fuellabstudio.com are presented as accurately as technically possible, their representation through photos, images, colors, sounds, or any other means is for reference purposes only and does not imply any guarantee regarding the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase Procedure

Every step, from selecting the product to submitting the order, is part of the purchase procedure.

The purchase procedure includes the following steps:

• Users are asked to select the desired Product and verify their purchase choice.
• After checking the information visible in the purchase choice, Users may place the order by submitting it.

Order Submission

Submitting the order entails the following:

• The User’s submission of the order constitutes the conclusion of the contract and creates the obligation for the User to pay the price, taxes, and any additional charges and expenses, as specified on the order page.
• If the purchased Product requires active cooperation from the User, such as providing information or personal data, specifications, or special requests, submitting the order also constitutes an obligation for the User to cooperate accordingly.
• Once the order has been submitted, Users will receive an order receipt confirmation.

All notifications regarding the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Promotions and Discounts

The Owner may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set forth in the relevant section of fuellabstudio.com.

Promotions and offers are always granted at the sole discretion of the Owner.

Repeated or periodic promotions or discounts do not constitute any claim or enforceable right for Users in the future.

Depending on the case, discounts and promotions are valid for a specific period of time or while supplies last. Unless otherwise specified, if a promotion or discount is time-limited, the time limits refer to the time zone of the Owner’s registered office, as indicated in the contact details in this document.

Means of Payment

Details relating to the accepted means of payment are highlighted during the purchase procedure.

Some means of payment are subject to additional conditions or involve extra costs. Detailed information is provided in the relevant section of fuellabstudio.com.

All payments are managed independently by third-party services. Therefore, fuellabstudio.com does not collect payment-related data – such as credit card numbers – but receives a notification once the payment has been successfully completed.

If payment made using one of the available means fails or is refused by the payment service provider, the Owner is not obliged to execute the order. Any costs or fees resulting from the failed or refused payment are borne by the User.

Retention of Ownership

Until the Owner receives full payment of the purchase price, the User does not acquire ownership of the ordered Products.

Retention of Usage Rights

Until the Owner receives full payment of the purchase price, the User does not acquire the rights to use the ordered Products.

Delivery

Delivery of Digital Content

Unless otherwise specified, digital content purchased on fuellabstudio.com is delivered by download to the device or devices chosen by the User.

Users acknowledge and agree that, in order to download and/or use the Product, the chosen device(s) and their software (including operating systems) must be lawful, commonly used, up-to-date, and compliant with current market standards.

Users acknowledge and agree that the ability to download the purchased Product may be limited in time and space.

Provision of Services

The purchased service will be performed or made available within the timeframes indicated on fuellabstudio.com or according to the methods communicated before the order is submitted.

User Rights

Right of Withdrawal

Unless exceptions apply, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

The right of withdrawal is not applicable to contracts concluded with the Owner. It may, however, apply to contracts concluded with Sellers. Where applicable, the right of withdrawal from contracts concluded with Sellers through fuellabstudio.com is subject to the conditions and definitions indicated by each Seller on fuellabstudio.com.

Limitation of Liability and Indemnification

European Users

Indemnification

The User undertakes to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, and employees from any claim or demand – including, without limitation, legal fees and expenses – made by any third party due to or in connection with negligent conduct such as use of or connection to the service, violation of these Terms, violation of third-party rights, or violation of laws by the User, its affiliates, officers, agents, co-brand owners, partners, and employees, to the extent permitted by law.

Limitation of Liability for User Activities on fuellabstudio.com

Users acknowledge and agree that the Owner is limited to providing Users with the technical infrastructure and functionalities available on fuellabstudio.com.

The Owner does not act in any way as an intermediary, moderator, or promoter in interactions, agreements, or transactions between Users and therefore declines any responsibility for such interactions between Users and for the fulfilment of any obligations by Users.

Limitation of Liability

Unless otherwise specified and without prejudice to applicable legal provisions regarding product liability, any compensation claims against the Owner (or any natural or legal person acting on its behalf) are excluded.

The foregoing does not limit the Owner’s liability for death, personal injury, or harm to physical or mental integrity, damages arising from the violation of essential contractual obligations – that is, obligations strictly necessary for achieving the purpose of the contract – and/or damages caused intentionally or by gross negligence, provided that the User’s use of fuellabstudio.com was appropriate and correct.

Unless the damages were caused intentionally or by gross negligence, or affect life and/or personal, physical, or mental integrity, the Owner is only liable to the extent of the typical damage for the type of contract and foreseeable at the time of conclusion.

By way of derogation from the foregoing, the following limitations apply to all Users who are not Consumers:

In the event of the Owner’s liability, the compensation due may not exceed the total amount of payments that have been, will be, or could be contractually recognized to the Owner by the User for a period of 12 months or for the entire duration of the Agreement, if shorter.

Australian Users

Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted, or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk and the User shall be solely responsible for any damage to their computer system or mobile device or loss of data that results from such download or their use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or may not function properly with the User’s web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from the Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for

• any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by the User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give the User specific legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by the User;
• User’s violation of these terms, including, but not limited to, the User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from the User’s account, including third-party access with the User’s unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s willful misconduct; or
• statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.

Common Provisions

No Waiver

Failure by the Owner to exercise legal rights or claims arising from these Terms shall not constitute a waiver thereof. No waiver can be considered final in relation to a specific right or to any other right.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, giving appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of Service termination, the Owner will endeavour to allow Users to extract their Personal Data and information in accordance with legal provisions.

Furthermore, the Service may be unavailable for reasons beyond the reasonable control of the Owner, such as force majeure (e.g., strikes, infrastructure malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit fuellabstudio.com or the Service in whole or in part without the prior written consent of the Owner, given directly or through a legitimate resale program.

Information on the processing of Personal Data is contained in the privacy policy of fuellabstudio.com, which forms an integral and binding part of the Terms.

Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyright, trademarks, patents, and designs relating to fuellabstudio.com are held exclusively by the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

All trademarks – whether figurative or nominative – and all other distinctive signs, trade names, service marks, illustrations, images, or logos appearing in connection with fuellabstudio.com are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes to the Terms

The Owner reserves the right to change the Terms at any time. In this case, the Owner will appropriately inform Users of the changes.

The changes will have effect on the relationship with the User only for the future.

Continued use of the Service implies acceptance by the User of the updated Terms. If the User does not wish to accept the changes, they must stop using the Service. Failure to accept the updated Terms may entitle each party to withdraw from the Agreement.

The previous applicable version will continue to govern the relationship until the User’s acceptance. That version can be requested from the Owner.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract any or all rights and obligations under these Terms, having due regard to the legitimate interests of the Users.

The provisions relating to changes to these Terms apply.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of fuellabstudio.com must be sent to the contact details indicated in this document.

Severability Clause

If any provision of these Terms should be or become null or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not cause the other provisions to be ineffective, which shall therefore remain valid and effective.

European Users

If any provision of these Terms should be or become null, invalid, or ineffective, the parties will endeavour to amicably identify a valid and effective provision replacing the null, invalid, or ineffective one.
In the absence of agreement within the above terms, if permitted or provided by applicable law, the null, invalid, or ineffective provision will be replaced by the applicable legal provision.
Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not cause the nullity of the entire Agreement, unless the invalid, null, or ineffective provisions are essential or of such importance that the parties would not have entered into the contract if they had known the provision would be invalid, or in cases where the remaining provisions would result in an excessive and unacceptable burden for one of the parties.

US Users

Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective, and consistent with its original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the subject matter regulated and prevail over any other communication, including any previous agreements, between the parties regarding the regulated subject matter.
These Terms will be enforced to the fullest extent permitted by law.

Binding Version of the Terms

The Terms are drafted and reviewed in Italian. The other language versions of the Terms are for informational purposes only. In the event of a discrepancy between the different language versions, the original shall prevail.

Governing Law

The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict of law rules.

Exception for European Consumers

However, notwithstanding the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides a higher level of consumer protection, that higher level of protection shall prevail.

Jurisdiction

The exclusive competence to hear any dispute arising from or in connection with the Terms lies with the court of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway, or Iceland.

US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

UK Users

Consumers based in England may bring legal proceedings in connection with these Terms in the English courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

Dispute Resolution

Amicable Settlement of Disputes

Users may report any disputes to the Owner, who will try to resolve them amicably.

Without prejudice to Users’ right to bring an action before the courts, in case of disputes relating to the use of fuellabstudio.com or the Service, Users are requested to contact the Owner at the contact details indicated in this document.

The User may address their complaint to the Owner’s email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase, or account concerned.

The Owner will process the request without undue delay and within 21 days of receiving it.

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes related to and arising from online sales and service contracts.

Therefore, any European Consumer can use such a platform to resolve any dispute arising from contracts concluded online. The platform is available here.