Terms of service
1. Recitals
The use of the services made available on the Site https://www.mlengraving.com or made accessible by this, or accessible by direct link from a hypertext link made available in emails and other business communications sent by the owner of services here regulated (hereinafter "the Site"), implies the acceptance by the User, entirely and without exceptions, of all the terms of service, of the general conditions of use and those further referred to through the links on this page or in other sections of the Sites mentioned above, including the Privacy Rules and those connected to the documents and the regulatory conditions of the "DRE REPOSITORY IT services contract", even if navigation takes place on other sites, platforms or social networks connected to the services offered by the Owner.
If he doesn’t accept these conditions, the User is invited not to use our services, immediately leaving the Sites and deleting any downloaded applications or materials, including 3D models, descriptions, brochures and other documentation made available on this Site.
All the services described in this agreement are offered by the Italian company called ML Engraving s.r.l. (hereinafter "ML Engraving") with Tax Code and VAT number 02733490169, with registered office in Onore (BG) at Via Presolana n. 114, 24020, Italy, with fully paid-up share capital of € 80,000.00, telephone 0346.72410, Fax 0346.74411, e-mail amministrazione@mlengraving.com, PEC mlengraving@pec.it.
2. Services
The services offered on the Site are aimed exclusively at individuals who carry out commercial and business activities, regardless of the corporate form used (partnerships or capital companies; commercial entities and associations; sole proprietorships; other forms of self-employed workers) and who have registered an accounton the Sites, without exclusion for subjects who do not continuously carry out commercial or business activities and subjects that qualify as consumers pursuant to art. 3 of Italian Legislative Decree 206/2005.
ML Engraving has developed a service called "DRE REPOSITORY" which it has made available on the platform and on the sites it manages. This service allows:
- the preparation, visualization, access, modification and sharing of 3D models developed with ML Engraving technology and the archive of past projects;
- the consultation and 3D visualization of the model representing the User's product, edited with the textures developed and applied using ML Engraving technology, as well as consultation of the descriptions, characteristics and other documentation of the User and ML Engraving;
- the sharing, for commercial, promotional or other internal use, of specific sections of the User's dedicated area or of the single project placed therein;
- the consultation of the newsletter, information material, insights and case studies that may be published;
- the consultation of the tracking of one's orders, if allowed by the specific service;
- the use of a chat that allows you to receive assistance with the 3D designers associated with certain projects.
All the contractual relationship between the User and ML Engraving exclusively concerns the conservation, consultation, access, modification, sharing and any other function made possible through access to the "DRE REPOSITORY" service, as regulated by a separate contractual agreement also including the economic conditions applied, therefore excluding any relationship that may eventually arise between the User and his client and/or partner, which remains unrelated to the relationship covered by this Agreement.
ML Engraving also undertakes to sell some products of its creation, characterized by the use of textures of its own creation, through the dedicated shop area of the site. ML Engraving reserves the right to sell certain customized products to users of the site with its own textures.
The access of Users qualified as consumers to the services present in the e-shop of the site is protected by compliance with the provisions of Italian Legislative Decree 205/2006 (Consumer Code) and Italian Legislative Decree 70/2003 (E-commerce Code).
With regard to the relationships between the User and his customers, partners or employees and consultants, ML Engraving undertakes exclusively to guarantee the services offered and the functioning of the platform, without engaging in any way to satisfy the purposes and interests, even specific, which move individual users.
3. Registration
Browsing the Site is free of charges for everyone, but the use of certain services requires mandatory registration and authorization to access the platform provided through the Site.
Registration requires mandatory and optional data and acceptance, by ticking the appropriate boxes, of these general terms of service and the ML Engraving privacy policy. It may be necessary to check additional boxes to grant consent to particular processing of personal data.
Registering an account will require the mandatory indication of an e-mail address and the choice of a password. The credentials are strictly personal and must be kept by the user with care and diligence, kept secret and not transferred or left freely available to third parties.
In case of access to the platform by its employees or other consultants, the User guarantees compliance with these conditions relating to the conservation of access credentials.
Users are obliged to provide updated and truthful data.
Registration on behalf of third parties (i.e. promoters, agents, demo agents, etc.) can only take place with the prior express consent of the interested parties and in compliance with the European legislation on the protection of personal data (EU Regulation No. 679/2016) and of these general terms of use. ML Engraving reserves the right to limit access or the duration of any "demo account", dedicated exclusively to sharing and/or consulting individual projects, and to set specific rules and/or special authorizations for their use.
Registration by underage users is not permitted.
Upon successful registration, a communication with the credentials for the first access to the platform will be sent to the User's e-mail address or certified e-mail. At the first access, the User undertakes to change his password.
4. Terms of navigation and obligations of the user
All users, whether registered or not, undertake to use the Site in such a way as not to cause damage, interruptions or malfunctions to it and its services; undertake not to use it for illicit purposes or purposes not permitted by law, or to commit criminal activities or in such a way as to cause disturbance, harassment or harm, of any kind or nature, to other Users or third parties.
The User undertakes not to use the Site engaging in fraudulent behavior or with the awareness of not wanting to comply with the rules set forth in these general conditions.
By way of example, the user undertakes to: not enter or communicate information or personal data relating to third parties who have not previously given their consent to their communication; not communicate, publish, send or disseminate illicit, harmful, abusive or harassing, threatening, defamatory, libelous, offensive, obscene, invasive of privacy, racist, xenophobic, classist content; not communicate, publish, send or disseminate violent images, including those aimed at sexual exploitation, concerning the publication of pornographic or child pornography photos; not to carry out propaganda, including political-trade union propaganda or use illicit symbols under the laws of Italy or the user's country; not engage in conduct aimed at promoting or engaging in criminal activities or conduct deemed unlawful under the laws of Italy or the country of the user and the Site Provider; not to engage in any harmful conduct, in any form, of the reputation of ML Engraving; not communicate, publish, send or disseminate content containing viruses, malware, trojans or any other code, file or program created to cause damage to the software, hardware or telecommunications systems of ML Engraving or third parties; not communicate false information regarding your identity or profession or use information that is not owned by the user; do not use vulgar, offensive or contrary to morality language; not reproduce, copy, transform, distribute or disclose the information, contents or material published on the Site without the prior written consent of ML Engraving or of the third parties who own the intellectual and industrial property rights of the same; not to carry out, even for mere attempts, unauthorized access to third party user accounts; not violate patents, trademarks, trade names and other distinctive signs; professional or industrial secrets, know-how, copyright and other industrial and intellectual property rights of any third party; not to behave in violation of the rights to privacy and protection of personal data of users and third parties; not to use bots, spiders, crawlers as well as any other mechanism, of any kind, aimed at monitoring, copying or reproducing pages generated by the Site, relating to the Projects, data and other contents; not engage in framing, hacking, phishing, spamming, harvesting and cloning, web-scraping on the Site or in connection with accounts; do not carry out reverse engineering activities.
Whenever ML Engraving detects failure to comply with any of the conditions set forth herein, it may discretionally and unilaterally prevent the registration, access and use of the services offered through the Site and proceed with the immediate suspension and cancellation of the user's account, without providing any reason or notice and without the right to any compensation.
All Users, regardless of their nature (Customer or Supplier), undertake to use the services offered by the Site with good faith and diligence, even specific, required by law, in order to safeguard the interests, economic and otherwise, of other Users and of ML Engraving.
Each user declares to understand and accept that it is his responsibility to inform himself in a diligent and complete manner and to understand the complex of the conditions of use of the Site before using any service, free or paid.
The user who accesses the e-commerce services in order to resell the purchased products is required, in relations with the third-party sub-purchaser, to comply with the provisions on intellectual property specified here and to expressly declare the origin of the resold products and to spend the name of the manufacturer ML Engraving.
ML Engraving reserves the right to modify, at any time, the content of these terms of use of the service by publishing the new version on its Site or by communicating via e-mail to the User, with indication of the effective date of the same, signaling the new conditions in a specific section.
5. Fees
The economic conditions relating to the use of the “DRE REPOSITORY” service are established by signing a separate contract for the provision of IT services, the provisions of which form an integral and effective part of this document.
In the event of non-compliance with any of the conditions established by this agreement, or failure to comply with the economic conditions, the User will not be able to access the paid services on the Site.
6. Information pursuant to italian legislative decree n. 70/2003
In accordance with the provisions of Italian Legislative Decree no. 70/2003 (Implementation of directive 2000/31/EC relating to certain legal aspects of information society services, in particular electronic commerce, in the internal market) ML Engraving informs all Users that the services offered through the Site may be aimed at the conclusion of contracts for the provision of services electronically.
The use of the services offered on the Site, and in particular of the service called "DRE REPOSITORY", presupposes the stipulation of an agreement, the "contract for the provision of DRE REPOSITORY IT services", in which ML Engraving and the User regulate the economic conditions and billing of paid services.
All the negotiating relationship that may exist between the User and his client and/or partner remains, in full, autonomous and completely unrelated to the services offered by ML Engraving, so that it will not be in any way opposable to the same.
Access to the e-commerce shop services is completed by means of the following technical phases:
a) access to the "Store" section;
b) product and quantity selection;
c) by pressing the "add to cart" button and viewing the full cost, including shipping costs. Shipping is free for orders over € 100.00;
d) by pressing the "complete the order" button and logging in to your personal page, where you can enter your shipping and payment details.
The contract between the user and ML Engraving is finalized at the time of signing the aforementioned contract.
If the signing of the contract for the provision of IT services is required, once the agreed payment has been received, the User can register for the services offered by the Site according to the technical methods indicated by ML Engraving. Once registration has taken place, Users will be able to access their "REPOSITORY", consisting of a web page and/or personalized dashboard that represents their personal position and where they can verify the publication of their projects and documentation (including bills) possibly therein preserved. By browsing their personalized page, Customers will be able to consult their 3D projects and share them with their customers or partners.
Customers, partners or subjects authorized by Users will be able to access the relative repositories or individual projects created only with the prior authorization of the User. In order to share the assets, the User can use the appropriate function by clicking on the dedicated button on the Site which allows the sending of a specific e-mail communication with which the third party is informed of the possibility of accessing the 3D project, of the link to access it (which may or may not require the insertion of specific credentials) and any special conditions.
The User guarantees compliance with these conditions by the subjects authorized to access the site and the DRE REPOSITORY service.
All information relating to the conclusion, execution and termination of contracts stipulated with Users and the use of the DRE REPOSITORY service are made available in Italian.
Pursuant to art. 12 of Italian Legislative Decree no. 70/2003 ML Engraving announces that all the documentation relating to each contract with the Users will be kept on paper and digital archives of its exclusive availability.
A copy of this agreement with extension ".pdf" format can be downloaded using the relative "Print" function present in the browser used by the User.
ML Engraving informs all Users that the services it offers through the Site may constitute Hosting activities pursuant to articles 16 and 17 of Italian Legislative Decree n. 70/2003.
In the exercise of this activity, ML Engraving cannot in any way be held responsible for the activities or contents stored on the Site, which are accessible only to Users who use it.
The responsibility of ML Engraving will be limited exclusively to the violation of the hypotheses provided for by art. 17, paragraph 2, Italian Legislative Decree no. 70/2003 according to which the company is required to inform the judicial or administrative authority with supervisory functions without delay, if it is aware of alleged illegal activities or information concerning a recipient of the information society service; to provide without delay, at the request of the competent authorities, the information in its possession allowing the identification of the recipient of its services with whom it has data storage agreements, in order to identify and prevent illegal activities.
ML Engraving will be responsible for the contents of such services only if, upon request by the judicial or administrative authority having supervisory functions, it has not acted promptly to prevent access to said contents, or if, having had knowledge of the illicit or prejudicial nature for one third of the content of a service to which it ensures access, has failed to inform the competent authority.
7. Information pursuant to the italian consumer code
Some commercial, informational and promotional services offered by the site may be directed to subjects qualifying as "Consumers" pursuant to art. 3 of Italian Legislative Decree no. 206/2005.
The use of the site's e-commerce services, including subscription to the newsletter, can be subject to registration and the indication of a personal e-mail address (mandatory). By subscribing to the newsletter, the user expressly consents to ML Engraving being able to send news, any updates and other identifiable material, clearly and unequivocally, as advertising or information on the services offered. This service, like the indication of the products and the classification by category or technical characteristics made by the site, does not constitute an incorrect, deceptive or aggressive commercial practice in accordance with the definitions offered by articles 18 et seq. of Italian Legislative Decree 206/2005 (Consumer Code). In any case, the user will have the right to oppose the future receipt of such communications using the specific Opt-out function.
Considering its role in the sale of products in the "Store" section of the site, ML Engraving undertakes to comply with all the favorable rules of the Italian Consumer Code, including those not listed here, including those relating to withdrawal pursuant to articles 52 et seq. of Italian Legislative Decree 206/2005.
In particular, the User qualifying as a Consumer pursuant to art. 3 of Italian Legislative Decree no. 206/2005, you may exercise the right of withdrawal within 14 calendar days from the conclusion of the contract or from the delivery of the products, or 30 days in the case of purchases on unsolicited visits, without having to indicate the reasons and without being required to pay any penalty.
The withdrawal will be exercised with written communication sent to the addresses indicated at the bottom of this agreement. The use of any formality is not required, as long as the expression of will is unequivocal. The User may ask ML Engraving to provide a model letter of withdrawal to be filled in.
In the event of withdrawal, ML Engraving informs the user that in the case of sales contracts, the period of fourteen days starts from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods or:
1) in the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good;
2) in the case of delivery of a good made up of multiple lots or pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last lot or piece;
3) in the case of contracts for the periodic delivery of goods during a certain period of time, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the first good.
Compliant to the terms indicated above, the User who qualifies as a consumer may return the products by shipment, courier or delivery to the ML Engraving headquarters. In this case, the User must include the original wrapping or packaging and any other document accompanying the products in the package.
8. Protection of intellectual property
The website https://www.mlengraving.com and all contents and materials, unless otherwise specified, are the exclusive property of ML Engraving s.r.l. and are protected by current legislation on intellectual and industrial property.
The preparation and use by the User of any content or material in execution of this agreement, regardless of its nature, presupposes the granting to ML Engraving of a perpetual, irrevocable, without territorial limits, free and transferable license, copyright and other industrial and intellectual property rights.
In case of sharing and/or collaboration with the user in the creation of a particular content or material, the copyright and usage rights, including financial ones, must be understood, unless otherwise agreed and/or agreed, equally divided.
The Site, the DRE REPOSITORY service and the Software connected to them may contain trademarks, trade names, analogue or digital contents, informative, advertising or commercial material of third party intellectual or industrial property. The User declares to know and accept that such contents are used with the consent of these third parties and undertakes not to use them without respecting the related intellectual and industrial property rights, even if not specified.
The User declares to acknowledge and accept that all the textures used on the site are the exclusive intellectual property of ML Engraving and their use for purposes other than those for which they are made available, even for commercial purposes, is permitted only with the consent of the owner.
The User hereby expressly authorizes ML Engraving to use content on which it has intellectual or industrial property rights, in order to allow the Site to function or for promotional purposes of the services offered, even after the termination of the contractual relationship.
Every abuse will be prosecuted to the full extent of the law.
9. Termination
These general conditions and the clauses whose scope is intended to survive the termination of the relationship with ML Engraving will continue to produce effects for the Users even after the termination of the contractual relationship and the cancellation of the Account.
In the event of withdrawal and termination of the relationship for reasons attributable to the User, ML Engraving reserves the right not to reimburse any amount already paid.
10. Limitation of liability
The Website, the DRE REPOSITORY service and the software, platforms and contents associated with it are provided "as is" and the User declares to know and accept that their use is at his own risk.
Within the limits established by current legislation, the User declares to guarantee, hold harmless ML Engraving, its employees, collaborators and partners from any compensation obligation, regardless of the nature and title of the same, which may derive from third parties in relation to the use of the Site or its services.
Users declare that they understand and accept that any relationship that may exist between the User and their customer and/or business partner is outside the control or scope of activity or services offered by ML Engraving, which remains outside of the same. Therefore, without prejudice to the cases set out above and the mandatory limits of the law in the case of willful misconduct or gross negligence, any further liability of ML Engraving, of any nature, contractual or extra-contractual, direct or indirect, for any damage to any kind that may derive from the use of the Website and the services promoted and offered therein.
All users are solely responsible for the content entered or generated through the Site or the DRE REPOSITORY service.
ML Engraving declines all responsibility for any prejudices or damages suffered by users in relation to the impossibility of using the Website, the DRE REPOSITORY service, its contents or material, also connected, or to the suspension and discretionary interruption of the same; failure or malfunction of the electronic equipment of Users or third parties; to the incorrect or inaccurate content of the information indicated in the informative or commercial material published on the Site and owned by ML Engraving or other third parties.
ML Engraving will not be in any way responsible for economic losses, goodwill or damage to reputation or for direct, indirect or consequential damages deriving from the use of the Site and the services offered.
11. Abuse
Any non-compliant conduct, abuse or violation, by any user, of the provisions and rules, general or specific, contained in these terms of use will entitle ML Engraving to adopt any provision and measure, even judicial or extrajudicial, aimed at eliminating promptly the abuse or violation considered unlawful.
12. Applicable law, jurisdiction and adr information
This agreement is governed by Italian law.
In the event of disputes relating to the conclusion, interpretation, execution and termination of contractual relationships, the Court of Bergamo, Italy, will be exclusively competent.
ML Engraving invites all Users who believe they have suffered damage from the use of the site to contact the addresses indicated in this document, in order to amicably resolve a dispute that may arise between the consumer user and our company. Access to the ADR (Alternative Dispute Resolution) and ODR (Online Dispute Resolution) platforms, as well as the conditions relating to the resolution of small claims are specifically detailed at the link https://ec.europa.eu/consumers/odr/.
In the event of disputes arising from the use of the services offered by the site, the user qualifying as a Consumer may also appeal to the judicial authority of the mandatory court of his domicile or residence.
13. Data processing
Users' data will be processed exclusively in accordance with our Privacy Policy and with the specific privacy information provided to the User before providing specific data.
14. Final provisions
In accordance with the provisions issued by the Italian Competition and Market Authority, ML Engraving informs all Users that the modification of these general conditions will take place subject to the granting of a suitable term of notice with respect to the entry into force of the new conditions, and with the concession of the User's right of withdrawal. It is understood that it will be the precise responsibility of the User to periodically check that the general conditions of use of the have been updated. Unless otherwise specified, the new terms will be effective after 14 (fourteen) days.
These general terms of use and the documents connected, in particular the Privacy Policy and the contract for the provision of IT services DRE REPOSITORY, form the entire agreement with the User, as there is no further document that may derogate, integrate and modify the general and specific rules of use of the service.
Any derogation from these general terms of use of the service must be formalized in a written document.
In the event that any clause turns out to be null or ineffective, the eventual nullity or ineffectiveness will not extend to the remaining contractual clauses.
Any information, communication and complaint relating to the content of these conditions or the use of the Site, its contents or material, or the services offered by ML Engraving can be sent to the email amministrazione@mlengraving.com.
Any complaint relating to the conditions indicated in this document may be presented to the Competition and Market Authority, Piazza Verdi n. 6/A, 0019 Rome, Italy.
Last update and effective date: 29/05/2023