2 Scope of application of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale set out the technical, legal, and financial terms and conditions subject to which Jose Mortellaro provides its Customers with a plugin to the WordPress CMS via its website at emotionalonlinestorytelling.com.
3 Acceptance and enforceability of the General Terms and Conditions
The Customer represents that it has read, understood, and accepted these General Terms and Conditions.
The Customer represents that it has the capacity to contract and that it holds the necessary authorization and powers to do so.
The Customer is regularly reminded of these General Terms and Conditions of Sale at the bottom of each page of each order. They are enforceable against all Customers.
Accordingly, every order placed via emotionalonlinestorytelling.com entails the Customer’s unconditional acceptance of the General Terms and Conditions of Sale.
Jose Mortellaro reserves the right to revise these General Terms and Conditions of Sale at any time. As far as possible, Jose Mortellaro shall notify revisions made to the General Terms and Conditions of Sale via an announcement on emotionalonlinestorytelling.com. Notwithstanding, Jose Mortellaro advises the Customer to consult the General Terms and Conditions of Sale regularly and before placing any further order.
Users may download or consult the revised General Terms and Conditions of Sale at: https://emotionalonlinestorytelling.com/.
Acceptance of these revised General Terms and Conditions of Sale is carried out via the process defined in the clause entitled “Acceptance and enforceability of the General Terms and Conditions of Sale”.
Use of the Application after the effective date of the revised General Terms and Conditions of Sale shall imply acceptance of the revised General Terms and Conditions of Sale. The revised General Terms and Conditions of Sale shall come into force as of their publication unless it is specified that their effectiveness is deferred until a later date.
The version applicable to a given order shall be the version applicable on the date on which payment is confirmed.
Unless otherwise stated, the revised General Terms and Conditions of Sale shall cancel and supersede all interactions occurring between the Parties prior to the order.
Exceptions to these General Terms and Conditions of Sale shall only be enforceable against Jose Mortellaro if they have been duly agreed and recorded in a written document signed by Jose Mortellaro.
4 Ordering
Creating a Customer Account our system will generate a login username and random password that the customer can change at any time in its account.
The Customer can log in to their Customer Account using their login and password at https://emotionalonlinestorytelling.com/my-account/.
The Customer is solely liable for all use that is made of their login and password. The Customer is solely liable for keeping their login and password confidential. Accordingly, Jose Mortellaro shall on no account be held liable for any loss or damage arising from the use by a not authorized third party.
4.2 Placing an order
To place an order, the Customer must follow the steps described below:
Go to the Website;
Follow the instructions on the Website;
Select the required Product;
Check the order summary and correct any errors;
Enter the promotional code, if any;
Select the required payment method;
Accept these General Terms and Conditions;
Confirm the order and the total price excluding VAT;
Complete the payment procedure.
Jose Mortellaro reserves the right to cancel the order in the event of error or omission in entering the required fields.
4.3 Order confirmation
The Customer receives an order confirmation email including a summary of the order. The order is not firm and final until Jose Mortellaro sends this email confirmation. Jose Mortellaro advises the Customer to save a copy of or print out the email confirmation of the order.
5 Products and Services
5.1 Product and Service Factsheets
The basic features of each Product offered via the Website are set out in a corresponding factsheet, which may be viewed on said Website.
5.2 Specific features of Products and Services
5.2.1 License for use of the plugin
The product granted by Jose Mortellaro is a license for use of the plugin.
There is a range of licenses offered:
Personal: use of plugin for one website;
Developer: use of plugin for 5 websites;
Professional: use of plugin for 50 websites.
Agency: use of plugin for an unlimited number of websites.
The Agency license may not be used by web hosting companies on behalf of their customers.
Jose Mortellaro reserves the right to cancel an infinite license if we consider the service sold by the customer is not in line with our brand requirements.
5.2.2 Support and update service
Purchase of a plugin license comes with a one-year support and update service effective from the order date.
The IT support service applies only to the use of the License it is sold with.
Updates are installed on Jose Mortellaro’s recommendation. Jose Mortellaro is not responsible for the actual installation of updates on the Customer’s hardware or for any technical consequences arising.
6 Receipt of Products – Non-receipt – Complaints
6.1 Receipt of Products
Receipt of the Products is complete once the Customer activates the download link.
6.2 Non-receipt
If the Customer fails to receive the activation key for the plugin License, Jose Mortellaro will cancel the code that has been transferred. A new activation code for the License will be generated and sent via email to the Customer.
6.3 Complaints
The Customer is prompted to supply a valid email address in order to receive the API activation key.
Before making a complaint, Customers are advised to check their Spam folder for the email containing the activation key.
In the event that, after the required checks have been performed, the delivery email was not received, the Customer is advised to send their comments by email to: info@emotionalonlinestorytelling.com with their order number as stated in the confirmation email.
7 Customer’s cooperation and obligations
The Customer shall see that its hardware and systems comply with the Technical Requirements for use of the Product. The Customer shall install the updates recommended by Jose Mortellaro for the use of the plugin.
The Customer shall provide all items and information necessary or useful for the purpose of making improvements to the plugin, in particular by submitting a support ticket whenever a malfunction is identified in the plugin.
The Customer agrees to cooperate with Jose Mortellaro for the provision of the support service. In this respect, the Customer agrees to provide Jose Mortellaro with their login or access code to the WordPress backend or to perform the operations recommended by Jose Mortellaro in order to deal with any malfunctions identified by the Customer.
8 Jose Mortellaro’s obligations
Jose Mortellaro is only subject to a best efforts obligation.
Jose Mortellaro agrees to use its best efforts to ensure the proper delivery of the license for use of the plugin.
Jose Mortellaro agrees to exercise all due care and diligence necessary in order to provide a quality IT support service in accordance with industry practice and the current state of science and technology.
Jose Mortellaro agrees to employ all means to ensure the ongoing availability, continuity and quality of the services provided by the Agreement.
The Customer hereby acknowledges that fluctuations in bandwidth and contingencies related to Internet service providers and domain name registrars may interrupt access to the service offered by us, beyond Jose Mortellaro’s control.
9 Price and payment
9.1 Price
9.1.1 Pricing
The prices and technical specifications of the Products and Services offered by Jose Mortellaro may be viewed at emotionalonlinestorytelling.com.
Prices are shown in USD, and they are without VAT. The right VAT will be calculated in the checkout according to your billing address.
You can switch the currency by clicking on the related currency. The system will then automatically calculate the conversion by taking the updated conversion ratio from finance.yahoo.com.
The pricing communicated to the Customer is the pricing in force as of the date of payment of a Product or Service.
Jose Mortellaro reserves the right to revise its pricing at any time.
9.1.2 Promotional code
The Customer may use a promotional code to be entered when the order is placed. Only one promotional code is allowed per order.
9.2 Payment
Products remain the property of Jose Mortellaro until full payment is received.
Payment is due and payable upon placement of an order.
Customers may pay by PayPal, a payment system that uses the Secure Socket Layer protocol, or by credit/debit card.
A payment undertaking given by means of a credit/debit card is irrevocable. By providing information on their credit/debit card, the Customer authorizes Jose Mortellaro to debit their card for the amount corresponding to the price.
For this purpose, the Customer confirms that they are the holder of the credit/debit card to be debited and that the name shown on the card is the Customer’s own name. The Customer shall provide the card number and expiry date and, if required, the card security code (CSC).
The Customer agrees to receive only digital invoices.
10 Cancellation
Customers that have stated their intention of downloading the Product before the expiry of the 14-day cooling-off period and that have expressly waived the right to cancel their order shall not be entitled to cancel.
By downloading, the customer expresses their wish to have immediate access to the downloaded content and, accordingly, waives its right to cancel the order.
After downloading the product the customers lose their rights to a refund.
11 Termination
If either of the Parties breaches any of its contractual obligations, the other Party may automatically terminate the Agreement, without incurring any liability as a result, fifteen (15) business days after serving formal notice by registered mail with return receipt requested, to which no response has been provided although the breach could have been rectified.
12 Liability
Jose Mortellaro agrees to use its best efforts in performing the Service provided herein.
Jose Mortellaro shall not be held liable for damage resulting from the use of the plugin by the Customer or any other user.
Jose Mortellaro shall not be held liable for repairing damage arising from the use of internet such as data loss, intrusion, viral attack, loss of connection, and any other incidents unrelated to the subject matter of the Service.
Jose Mortellaro shall not be held liable for any incidental damage, including financial loss, in particular loss of profits.
Jose Mortellaro shall not be held liable for business interruption caused by the performance of its support and update service.
In any event, Jose Mortellaro’s liability shall be limited to the payment of damages not exceeding the amount paid by the Customer when placing the order.
13 Force majeure
Neither of the Parties shall be held liable for delay, non-performance, or any other breach of its obligations relating to the Order and/or the warranty where the such occurrence is due to force majeure or unforeseeable circumstances.
Besides the instances of force majeure and unforeseeable circumstances generally recognized by the Spanish courts, force majeure, and unforeseen circumstances shall also include total or partial strikes, whether internal or external to the company, lockouts, adverse weather conditions, interruption of transport facilities or supply chain for any reason whatsoever, earthquakes and seismic waves, fire, storms, floods, damage caused by water, statutory or governmental restrictions, statutory or regulatory changes in forms of marketing, computer breakdowns, interruption of telecommunications services including cable or mobile (GSM, GPRS, 3G, 4G, etc.) telephone networks or any other cases outside the express will of the Parties that prevent the performance hereof under normal and/or reasonable conditions.
Initially, the force majeure event or unforeseeable circumstance shall have the effect of suspending performance hereof.
If the force majeure event or unforeseeable circumstance lasts for more than three (3) months and unless the Parties agree otherwise, these General Terms and Conditions of Sale shall be terminated automatically, without the need to seek a court ruling, serve formal notice, or provide prior notice.
In such event, the Parties shall not be held liable for the total or partial non-performance of their obligations hereunder.
14 Severability
If any provision of the General Terms and Conditions of Sale is declared to be invalid on grounds of nullity, voidness, lack of binding effect, or unenforceability in the application of a law, regulation, or final ruling handed down by a court with jurisdiction, this shall not entail the nullity, voidness, lack of binding effect or unenforceability of the remaining provisions of said General Terms and Conditions of Sale and shall have no effect on the remaining contractual provisions, which shall retain their full effect, force, and scope with regard to all of the contracting parties.
In such an event, the Parties may agree to replace or amend the invalid provision(s).
15 Probative documents
The online entering of a credit/debit card number and confirmation of the order by the Customer shall constitute proof of the order and shall render the corresponding payment due and payable.
The following may also constitute legal proof of communications: the order, the Customer’s payment, and all documents generated from records of purchase orders and invoices in Jose Mortellaro’s computer systems.
16 Personal Data
Personal Data means data provided by the Customer enabling the Customer to be directly or indirectly identified.
The Personal Data that the Customer is required to provide will be processed in accordance with the GDPR, as amended, and will be stored for three years after the end of the commercial relationship.
A declaration has been made regarding the processing of the Personal Data collected via the Website at https://emotionalonlinestorytelling.com/privacy-policy/.
Personal Data collected via the Website is hosted by Hostgator, 5005 Mitchelldale, Unit 100, Houston, TX 77092, USA.
17.1 Purpose of processing
The Data provided when a Customer logs in or purchases a Product is processed for the following purposes:
Access to Products;
Preparation of invoices;
Circulation of the newsletter, if applicable;
Compilation of statistics on the use of the Website;
Improvement of marketing and promotion initiatives, as well as Website content and offers;
Receipt of customized offers.
17.2 Recipients of Personal Data
Jose Mortellaro agrees to take all useful precautions and implement all appropriate organizational and technical measures to maintain the security, integrity, and confidentiality of Personal Data and, in particular, to prevent such data from being altered, damaged, or accessed by unauthorized third parties.
17.3 Personal Data provided to government agencies and bodies
Pursuant to applicable regulations, Personal Data may be provided to the relevant authorities on request, including government bodies, solely in order to comply with legal obligations, court officers, ministerial officials, and debt collection agencies.
17.4 Personal Data provided to third parties
Jose Mortellaro agrees not to sell or transfer Personal Data that has been collected to third parties, except as provided for by clause 17.3 hereof.
17.5 Customer’s right to oppose, correct, and delete Personal Data
Customers have the right to access, challenge, modify, correct, and delete their Personal Data.
Customers also have the right to oppose the processing of their Personal Data, provided they have legitimate reasons to do so, as well as the right to oppose the use of such data for the purposes of sales prospecting.
This assurance does not apply to processing for statistical purposes where the data is processed globally and anonymously.
Customers may exercise their rights by sending a message to Jose Mortellaro via the “Contact” page or by mail to info@emotionalonlinestorytelling.com
18 Cookies
Information on the Customer’s browsing on the Website is stored by cookies.
Pursuant to applicable regulations, this information may be stored for a period of up to 13 months.
Cookies do not allow the Customer to be identified.
The Customer may oppose the recording of cookies and disable them in its web browser settings, on the understanding that this may restrict their use of the Website.
19 Intellectual property
The content of the website created by Jose Mortellaro is the exclusive property of Jose Mortellaro, which is the holder of all the related intellectual property rights.
The Customer agrees not to copy, reproduce or download all or part of its content, without written and express prior authorization from Jose Mortellaro.
Any full or partial copy, reproduction, or download of website content created by Jose Mortellaro is liable to constitute an infringement.
The Customer agrees not to copy, reproduce or attempt to reproduce the plugin offered by Jose Mortellaro.
Granting of a License for use shall not entail the transfer of intellectual property rights in the Product.
Any Product for which a License is granted remains the property of us. Accordingly, pursuant to the Agreement, the Customer only acquires from us a non-exclusive, non-transferable personal right to use the Products featured in the online order.
20 Governing law and jurisdiction
All disagreements and disputes regarding the validity, interpretation, performance, consequences, and implications of these General Terms and Conditions of Sale shall be governed by Spanish law.
All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a trader Customer and Jose Mortellaro, as well as all disputes regarding either Party’s liability in tort, shall be referred to the courts of Spain.
All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a non-trader Customer and Jose Mortellaro, as well as all disputes regarding either Party’s liability in tort, shall be referred in accordance with the provisions of ordinary law regarding the assignment of jurisdiction.
