General conditions

1. Area of application

These general conditions apply to the contractual relationships between client and/or user and 360HOME by Michel Tinelli (hereinafter referred to as 360HOME). General Conditions apply to all agreements between the customer and 360HOME concerning services and products offered by 360HOME. The General Conditions apply to all agreements between the customer and 360HOME concerning the services and products offered by 360HOME. These GTC and any updates are published on the Internet at www.360home.ch. Referring to services at 360HOME, the customer unconditionally accepts the GTC in their latest version. Special agreements require for their validity in writing.

2. Entry into force, the right of withdrawal

These GTC are considered accepted by the customer at the latest with the signing of the contract or confirmation of the use of services and / or products through internet. In case of a use of the services by the customer contrary to the terms of the contract or illicit or immoral, and if the customer has given cause for complaints due to the poor quality or untrue data transmitted to 360HOME for publication, such as advertisement publication data, 360HOME may terminate the contract immediately and discontinue the provision of services without prior notice to the customer and without liability for damages. In this case, a price already paid in advance for a certain length of time lapses and the customer has no right to refund.

3. Access rights

360HOME gives the customer the right to access, using the user ID and password, services 360HOME that from time to time are the subject of the Agreement between 360HOME and the customer. 360HOME for the customer and then the user of its services, is the person who uses the user identification and password assigned to the customer, regardless of whether this person actually owns access rights.

4. Provision of services, prices and terms of payment

For the calculation of prices, unless special conditions agreed directly with the customer, they are worth the prices for its services and products as special offers published by 360HOME. These prices may be consulted at any time on the website (www.360home.ch). 360HOME reserves the right to adjust its prices in line with market developments and tax law. These prices may be consulted at any time on the website (www.360home.ch). 360HOME reserves the right to adjust its prices in line with market developments and tax law. Prices are in Swiss francs VAT (Value Added Tax) excluded. Any rebates take effect as shown in 360HOME. The term of payment for the service / product requested is 10 days from the time that invoice is issued. If the customer does not pay within this period, 360HOME can terminate the contract without notice or compensation, nor any warning. In case of payments not being made on time during the validity of the contract, 360HOME also reserves the right to block your access and then suspend the service, and request the return of any equipment that subscription / rental. The unblocking of access to the site as the return of the equipment in rental take place following the full payment of all outstanding invoices. In this case the customer has no right to request a contract extension equal to the period of suspension of service. The deadline for payment is due, default interest of 5% per annum. They will also pay CHF 20.00 which are the costs of formal notice for each warning.

5. Duration, suspension and termination of service

The minimum duration of the service or subscription services, provided in the registration form or in the contract is counted as the confirmed activation of the service. The contract, except for subscriptions under test (also called trial subscription or promotional), it shall be automatically renewed from time to time, for a further year unless terminated in writing (by mail with confirmation of receipt by 360HOME, or by registered mail ) by either party with two months’ notice before the expiry of the subscription period. 360HOME is authorized to suspend the services immediately, without notice and without any right to compensation from the customer, in case of non-timely payment by the same of the expected price for the subscription or subscriptions they have concluded / s, or in case violation by the customer of the provisions contained in these GTC. The client to which the subscription was suspended for the above reasons, it is still bound to pay the due (including any costs of formal notice and interest) according to the contract until the end of the subscription period and without the right to extension the contract for the period of suspension.

6. Obligations and responsibilities of 360HOME

360HOME strives to continually improve the site and adapt it to the needs and demands of the users, so as to ensure a high quality of services offered. 360HOME, however, reserves the right to modify or remove certain features of the Site at any time and without the duty to announce it. 360HOME will try in every case to inform users of any changes or deletions by placing a notice on the Site. 360HOME will be made to allow the availability of its online services at any time and resolve any technical problems or interruptions. However it is not able to guarantee either a continuous operation and without disturbance of its services, for specific transmission time or capacity. Furthermore 360HOME is not able to guarantee an absolute protection of its network from unauthorized access or interception. 360HOME may at any time engage third parties for the contractual obligations. The Web site (www.360home.ch) and all its contents are provided without warranty of absence of defects. This refers to all insurance and guarantees (in particular regarding the flaws and defects of the thing right). 360HOME not guarantee or warrant that the information and content of the Site or the Site (or our users) are complete or error-free. Users acknowledge that downloading or detection of information and content from the Site are at your own discretion and risk. 360HOME liable only for willful misconduct or gross negligence. In no event shall it be liable for consequential damages and lost profits. 360HOME If, despite all precautions, it cannot fulfill its contractual obligations due to force majeure such as, for example, natural phenomena, strikes, unforeseen official restrictions, technical failures that are attributable to the scope of liability, for the duration of the event does not entitle the customer to fulfill the contract. 360HOME does its best to prevent abuse of the Web site by malicious users, but you cannot rule out such events. Any liability related to use of this kind is therefore ruled out as of now. 360HOME not obliged, but is entitled to verify or check the information and materials, placed or transmitted or made available on the Site by users. Also 360HOME unresponsive behavior in network or out of network users and assumes no responsibility neither moral nor material for their behavior or for the information / materials provided by users. 360HOME reserves in any case the right, in its sole discretion, to conduct investigations in relation to the use of its website and to take appropriate action against any users who violate any provision of any prohibited behavior unacceptable and content of the Site; or that violate the law or alleged fact as illegal or that violates the rights of third parties or their safety. In such cases 360HOME reserves the right to remove promptly and without notice the information / materials posted by users and prevent the user concerned to use later in any way the Site.

7. Obligations and responsibilities of the client

The customer is required to use during the term of the contract services 360HOME accordance with the contract and these GTC and to pay for services used within the time allowed. At the time of registration or registration, the customer must prove his identity by means of an official document, to provide 360HOME at any time his personal data updated and communicate online or in writing of any changes. The customer must comply with all safety instructions recommended by 360HOME, especially protect its equipment from illegal access of third parties, and keep with care and not to disclose to third parties the access data (password). Each user is the beneficial owner of all the data he provided, directly or indirectly through third parties, to 360HOME or others. Responsible himself entering, transmission and / or the provision of information, communications, text, information and other content on the Site, such as saving the contents to him processed and transmitted. You will also have the duty to convey correct and complete data and update them constantly. The user assures and guarantees not to violate Swiss laws on the matter and in particular not to make available on the Site content of any type that infringe the rights of third parties or contain illegal material. In particular, you agree not to use the site for the following activities:

  • Obtain from the Site or collect email addresses or other contact information of other people using electronic or other means to send unsolicited emails or other unsolicited communications, in particular through telemarketing or otherwise making contact telephone
  • Use automated scripts to collect information from the Site or other interactions with the Site
  • Upload, post, transmit, make available or store content that at our discretion we consider harmful, threatening, violating the law, unlawful, harassing, obscene, misleading, racist or violating the rights of personal data protection or rights of personality; as well as insert private data of third parties, including addresses, phone numbers, e-mail addresses confidential.
  • Load any unsolicited or unauthorized advertising, spam and the like and content that would motivate a crime or that would violate the rights of others or violate national or international laws.

8. Equipment and equipment at the customer

Apparatus or equipment purchased from 360HOME is, unless otherwise agreed, the guest. While an appliance or equipment borrowed (rental) remains the property of 360HOME. For appliances and equipment provisions apply guarantee granted by suppliers 360HOME. For equipment and new equipment warranty is two years, while MMT is one year. The appliances and/or equipment left in the loan (car) to the customer must be returned to 360HOME later than the termination of the contract, or on request in special cases. Of these appliances and/or equipment you cannot assert a claim of lien or retention. If equipment and / or equipment on loan are not returned at the request of 360HOME, these will be billed to the customer at the new price. The customer is responsible for the proper use of the equipment and / or equipment made available to him. Should they violate the rules of warranty, he will respond to any damage (repairs, etc.).

9. Detection and Data Protection by 360HOME

The customer authorizes 360HOME agreement to integrate data such as online data insertion, data insertion intended to be printed, including related elements such as text, graphics, images, plans, etc. on the online platform of 360HOME, as well as in other services online and offline own or third parties. There is no entitlement to publication within these media. 360HOME may interrupt, modify or entirely cease publication on its publishing platform at any time for any reason and without compensation. The customer expressly consents to the direct and / or indirect data necessary for the use of third-party applications from the application of 360HOME in that (those in) other persons, or the storage of such data in (and) their bank (banks) data. The customer expressly consents to the use of data by third parties. 360HOME committed to maintaining the existing rules on data protection. 360HOME cannot fully ensure the confidentiality, genuineness and authenticity of the customer's data published online. The customer acknowledges in particular that personal data can be called even in States which do not apply provisions on data protection comparable to that of Switzerland. 360HOME agrees to comply with the provisions in force concerning data protection by adopting appropriate technical standards and safety following the legislation in force. 360HOME is constantly striving to adapt and optimize its range of services to the needs of users. In this regard 360HOME can analyze the data entered by the user as well as those of access automatically detected. The data access detected by the system are: IP address, date and time of access, name of the file accessed, access status (OK, partial content, document not found, etc.), The page from which occurred access, browser, system useable used. In addition to offering services more quality, targeted, 360HOME, on its portal and in any application, using Web analytics tools such as Google Analytics, a service provided by Google, Inc. ("Google"). Google Analytics and similar tools, use of "cookies", which are text files that are stored on the customer's computer to help the website analyze how users use the website. By appropriate configuration of your browser the user, at any time, it has the ability to prevent the principle of the acceptance of cookies or to request the display of a message that allows him to choose whether to accept the use of cookies. Disabling cookies may have an influence on the use of the Site and the services offered on it and therefore it may happen that the user cannot make use of some offers, or they may use only in part. 360HOME is very strictly data security of its customers / users, for this reason, following the provisions of the law relating to data protection and shall endeavor to maintain the confidentiality of sensitive information of customers / users. 360HOME is aware that the security of data while browsing and shopping (purchases of services / subscriptions) on the Internet is an extremely important issue. For this reason, for the transfer of confidential data, such as payment services purchased, 360HOME uses the so-called SSL (Secure Socket Layer). In this way the data are encrypted and are therefore treated with the highest level of data protection.

10. Intellectual property rights / intellectual property

All copyrights and any trademarks, and know-how of all the applications and online platforms are the exclusive responsibility of 360HOME. To the extent that the contractual use of the portal and of the possible use of 360HOME by the customer, required rights of use in relation to copyright, trademark and / or know-how of 360HOME, such rights of use will be presented to the client for the duration of the corresponding agreement, in a non-exclusive, non-transferable and only to the extent necessary for the use of contract application. Those rights apply by analogy to the use of any third-party applications agreed with 360HOME.

11. Applicable law and jurisdiction

The contract is subject to Swiss law. The jurisdiction is Locarno. They are subject to any holes required of federal law.

These conditions have been translated from Italian. In case of any discrepancy between this translation and the original Italian, the Italian version will prevail.

360HOME by Michel Tinelli
Tenero, March 2017
Version 2017 / 2.0