Terms and Conditions

Introduction and acceptance of the Terms and Conditions

The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘Web Design in Site’ (hereafter also referred to as ‘We’ or the ‘Website’). Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Terms and Conditions of Sale. These Terms and Conditions of Sale are important to you and Web Design in Site as they are used to protect your rights as a valued customer and our rights as a business.

Changes to the Terms and Conditions and the website

Web Design in Site is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms and Conditions of Sale from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.

Access to the website

We work hard to ensure the Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.

Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with Web Design in Site by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using Web Design in Site in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms and Conditions.

We do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

Product information

Web Design in Site takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.

Prices

The prices indicated on Web Design in Site are shown in US Dollars. We reserve the right to modify our prices at any moment from time to time. Prices will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be adjusted as needed.

Secure payment

Web Design in Site currently offers two ways to pay for your order, via credit card or PayPal. These payment options use advanced SSL encryption to keep your transaction secure and do not cost you anything to use (Web Design in Site is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payments. Please refer to your credit Card Company and PayPal for full terms and conditions of use.

Delivery

Digital Products, whether free or premium, are delivered to you by two methods:

  • As a download to your personal desktop computer
  • As a download to your personal mobile device (please remember files could be large and a mobile device might not be suitable for this reason)

The customer will receive an email notification shortly after payment. The email will contain a link allowing the customer to login to their account and perform the downloading of purchased files.

In case of non-receipt of the email the Web Design in Site cannot be held responsible under any circumstances.

Web Design in Site reserves the right to terminate without notice access to any free digital service offered on the Site.

Customer requirements

In order for you to access the Digital Products on Web Design in Site you are required to have:

  • an internet connection
  • a personal desktop computer or mobile device capable of opening the Digital Goods

Returns

The return right is NOT, however, provided on the following products:

  • Files downloaded from the Internet or sent via email (Sections);
  • Customized products according to user requirements.

Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any charge backs via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back.

License and use of Digital Products – Free or purchased

Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sub licensable, non-transferable license to download and access that product for the purpose of your own purposes or for projects on behalf of your clients’ use. You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.

Nothing in these conditions of sale grants you any rights other than those expressly set out herein. Any breaches of these terms will be pursued to the full extent of the law. Some Digital Products sold by Web Design in Site may contain additional licensing terms or terms of use within the download which the Customer hereby agrees to abide by.

You are free to use our products within the scope of the specific license of the product that you purchase.

We will make every attempt to ensure that active products sold in our store are compatible with future releases of Divi, however, we cannot guarantee these updates.

Intellectual property

The Digital Products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

User conduct

Web Design in Site empowers the customer to access the site and to use the products it offers on the following conditions:

The Customer agrees not to alter the appearance of the whole or part of the Site, nor to compromise its operation in any way, especially through the inclusion of data containing computer viruses, worms, Trojans, etc. The Customer also agrees not to use the services of the site in order to limit the availability of the site to other users.

The Customer undertakes not to collect data on the Site through systems such as robots, spiders or any differently. The Customer agrees not to copy, publish or reproduce the contents of the Site in any other way, especially on the Internet. Any reproduction of content in a medium of communication – especially in order to publicize such content on a different website requires the prior written permission of Web Design in Site.

The Customer undertakes not to collect personal data belonging to users of the Site.

The Customer undertakes not to make abusive use of the services offered by Supplier, as well as to refrain from any unlawful act through or in connection with the Site or the services offered by the Site.

By entering the Site and indicating your email address, you agree to receive a email newsletter by Web Design in Site. The Customer may terminate this subscription at any time by clicking on the link inside the same email newsletter aimed at this purpose.

The Customer acknowledges that the proposed products are offered exclusively to people who have come of age. Therefore, by registering on the site you confirm that you are 18 years or older. Any person below the age of 18 years is not authorized in any way to use the Site.

The Customer acknowledges and agrees that they will not use the material offered against the Site or its associates.

The Customer is responsible in managing your login details (username / password) with care, discretion and caution. The Site and Web Design in Site cannot be held responsible for any misuse of data access, nor for damages resulting from an inappropriate access by third parties.

The Customer undertakes to immediately notify the Site of any unauthorized use of your data access and possible abuse encountered in relation to it.

The customer may not share your account with other people, or make it available for group use. Violation of this rule will result in the automatic lockout of the customer.

The Customer agrees not to transmit to the Site any blasphemous or otherwise infringes any right protected by the Italian law, assuming, if not, any liability under the law. Such behavior will result in immediate deactivation of the profile, in addition to any legal action.

The Customer also undertakes not to propagate defamatory comments or remarks on the material on the Site. The unlawful conduct by the customer will result in immediate deactivation of their account.

Privacy and protection of personal data

Please see our Privacy Policy page.

Cookies

Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.

Intellectual ownership

All the content on Company website (illustrations, texts, names, brand names, images and videos) is the property of Company. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by Company. All information, content and files is protected by International law concerning intellectual ownership and copyright. Company cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.

Web Design in Site will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.

Support and help

We are happy to help out our customers in any way possible although support for our products will only be available to any issues with the display of our products on your website or any purchase related issues. Any changes to the style or design of our products will be outside the scope of basic support. Any technical issues with the operation and function of your website, the Divi theme or the function of any Divi Module will need to be directed to your Hosting support or Elegant Themes support.

Support needs to be submitted via the Support Request on the webdesigninsite.com site. No guarantee of support is offered if customers request support via Facebook or any other social media platform.

Custom work

If you need any help making further customizations to any of our products or have a specific Divi section you need created please feel free to contact us and tell us about the work you need done. If it is within our abilities we would be happy to help you. If there is an extensive amount of work we can provide you with a quote for time and costs before we start.

Force majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Any failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Company, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Feedback & comments

Any opinions left on the Website by Web Design in Site customers are screened and moderated by Web Design in Site. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), Company reserves the right to refuse or modify it.

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