This document contains the general terms and conditions under which the Holder offers the use of the website starbottle.space that provides the service of sending files to space destinations via radio transmission..

DEFINITIONS

To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings indicated below:

Owner: Nextcom s.r.l., with registered office at Via Paolo Bassi 29, VAT/tax code 06026720968, REA MI-1865810, fully paid-up share capital of €110,000.00, , certified e-mail address (PEC) nextcom@pec.nextcomitaly.com

Application: the website starbottle.space

Products:The product consists of content and services provided in digital format, with the exception of the gift card, which is also available in the UK and Italy in a printed version.

User: any person accessing and using the Application

Consumer User: a natural person who concludes a contract for purposes not related to his or her trade, business or profession

Content: any textual or multimedia element of the Application, e.g. advertisements, insertions, reviews, images, etc.

Conditions: this contract governing the relationship between the Controller and Users as well as the sale of the Products offered by the Controller through the Application.

DETAILED INFORMATION ON THE APPLICATION OFFER

The Application offers Users the possibility of sending a radio message consisting of text, images, audio, video in space, to a specific destination chosen from several options. Each destination is associated with a specific broadcast day, as specified on the starbottle.space.

SCOPE OF THE CONDITIONS

Use of the Application implies full acceptance of the Terms by the User. If the User does not accept the Terms and/or any other note, legal notice, information published or referred to, the User will not be able to use the Application or the services linked to it.

The Holder may amend the Conditions at any time.

The applicable Conditions shall be those in force on the date of transmission of the purchase order for a Product.

Before using the Application, the User should carefully read the Terms by saving or printing them for future reference.

The Owner reserves the right to change, at its own discretion and at any time, even after the User's registration, the graphic interface of the Application, the Contents and their organisation, as well as any other feature that characterises the functionality and management of the Application, informing the User of the relevant instructions where necessary.

PURCHASE THROUGH THE APPLICATION

All Products offered through the Application are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery and execution times, accessory charges, etc.). Errors, inaccuracies or minor differences between what is published in the Application and the Product may occur. Furthermore, Product images are to be considered as a mere representation and do not constitute a contractual element.

The purchase of one or more Products through the Application is permitted to Consumer Users.
Purchase applications are only permitted to natural persons of legal age. For minors, any purchase of Products through the Application must be examined and authorised by their parents or guardians.
The offer of Products through the Application will be considered as an invitation to make an offer and the order sent by the User as a contractual proposal to purchase, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner has the right to accept or reject the User's order or delivery request at its discretion. Consequently, the User has no right to complain about the decision of the Controller for any reason whatsoever.

The contract of sale of the Products is deemed to be concluded upon acceptance by the Holder of the contractual proposal for purchase or the User's request for delivery. The Controller shall inform the User of the acceptance by sending an order confirmation to the e-mail address indicated by the User. The confirmation will contain the date of the order, the User's data, the characteristics of the Product and information on its availability, the price or the method of calculating the price, any additional charges and/or taxes, the delivery and execution times, the method of exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract of sale of the Products is not effective between the parties in the absence of the provisions of the preceding paragraph.
In the event that the Product is not available, the Holder shall inform the User of the new delivery terms and ask whether the User wishes to confirm the order. It is understood that the contract shall only be concluded with reference to the Products accepted by the Holder.
The User shall check the correctness of the data in the order confirmation and notify the Controller immediately of any errors. The User shall keep a copy of the order, the confirmation and the Conditions.

REGISTRATION

In order to use the functionalities of the Application, the User must register and provide, truthfully and completely, all the data requested in the registration form and accept the privacy policy (starbottle.space/en/privacy) and the Conditions.
The User is responsible for keeping the access credentials. Access credentials will be used exclusively by the User and may not be transferred to third parties. The User undertakes to keep them confidential and to ensure that no third party can access them. If the User suspects or becomes aware of any misuse or disclosure, he/she must inform the Owner immediately.
The User guarantees that the personal information provided during the registration process is complete and true and agrees to indemnify the Owner against any damage, compensation and/or penalty arising from and/or in any way related to the User's violation of the Application's registration rules or the retention of access credentials.

ACCOUNT DELETION AND CLOSURE

Registered Users may stop using the Application at any time and deactivate their account or request its deletion through the Application's interface, if possible, or by sending a written notice to info@starbottle.space.

In the event of a breach by the User of the Terms or any applicable legal provisions, the Owner reserves the right to suspend or terminate the User's account at any time and without prior notice.

PRICES AND PAYMENTS

For each Product, the price including VAT, if due, is indicated. If the price cannot be calculated in advance, due to the nature of the Product, the method of calculating the price will be indicated.
In addition, any taxes, additional costs that may vary depending on the method of payment used will be indicated. If these items cannot be reasonably calculated in advance, the costs to be charged to the User will be indicated.
The Owner reserves the right to change the price of the Products and any additional costs at any time. It is understood that changes in price will in no case affect contracts already concluded prior to such change.
The User undertakes to pay the price of the Product at the times and in the ways indicated in the Application and to communicate the required information.
The Application uses third party tools to process payments and in no way comes into contact with the payment data provided (credit card number, holder's name, password, etc.).
In the event that such third party tools deny authorisation for payment, the Holder will not supply the Products and cannot be held liable in any way.

BILLING

The User who intends to receive an invoice for payment shall provide the Controller with the billing information. In this case, the User declares that the information provided is true and releases the Controller from any liability in this respect.

MODE OF DELIVERY OF DIGITAL PRODUCTS

The Holder will deliver the Digital Products, including any Digital Products supplied on a tangible medium, to the User according to the methods and timescales indicated in the Application and detailed in the order confirmation.
If it is not possible to deliver the Digital Products within the aforementioned deadlines, the Holder will promptly notify the User by e-mail, indicating the expected time of delivery or the reasons why delivery is impossible.
If the User does not wish to accept the new deadline or delivery has become impossible, he may request a refund of the amount paid. The refund shall be made promptly using the method of payment used for the purchase, within a maximum of 14 days after the Holder has become aware of the refund request.

USER'S RIGHT OF WITHDRAWAL FROM THE PURCHASE OF DIGITAL PRODUCTS

The User-Consumer has the right to withdraw from the contract without penalty and without specifying the reason, within the term of 14 days from the date of signing the contract, by sending a written communication to the e-mail address info@starbottle.space, using the optional withdrawal form referred to in the following article or any other written declaration.
In the event of a correctly exercised withdrawal, the Holder shall refund the payments received from the User. The reimbursement will be made promptly using the payment method used for the purchase, within a maximum of 14 days from the date on which the Holder became aware of the request for reimbursement.
The User acknowledges and accepts that he/she loses the right of withdrawal after the digital product has been downloaded or used.

EXCLUSION OF THE USER'S RIGHT OF WITHDRAWAL

The right of withdrawal from the contract of sale of the Products by the Consumer User is relatively excluded:

• the supply of Products whose price depends on fluctuations in the financial market that cannot be controlled by the trader and that may occur within the withdrawal period
• the supply of Products made according to the Consumer's specifications or clearly customised
• the supply of Products that are liable to deteriorate or expire rapidly. The same applies to all food products (including beverages) whose characteristics are subject to alteration also due to improper storage
• the supply of sealed Products, unsealed by the User and therefore unsuitable for return for reasons of health protection or hygiene
• the supply of Products which, by their nature, have been inseparably mixed with other articles after delivery
• to contracts in which the User has specifically requested a visit by the trader in order to carry out urgent repairs or maintenance. If on the occasion of such a visit the trader provides related services in addition to those specifically requested by the User or goods other than spare parts necessarily used to carry out maintenance or repairs, the right of withdrawal applies to such additional related services or goods
• the supply of sealed and unsealed audio or video recordings or computer software after delivery
• the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications
• to contracts concluded in a public auction
• the provision of non-housing accommodation, transport of goods, car rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

For further information, the User should contact the Controller at the e-mail address info@starbottle.space.

OPTIONAL FORM FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL

The user may withdraw from the contract by using the following form, which must be filled out in full and sent to the e-mail address info@starbottle.space before the expiry of the withdrawal period:

I hereby give notice of withdrawal from the contract of sale or supply relating to the following product

Order number: Order date:_______

Full name:_______

Address:_______

E-mail associated with the account from which the order was placed:_______

Date:_______

CONFORMITY GUARANTEE OF DIGITAL PRODUCTS⁠

Consumer Users are covered by the conformity guarantee provided for in articles 135-decies et seq. of the Consumer Code, for all digital products sold through the Application, with the exception of the exclusion hypotheses provided for in article 135-novies of the Consumer Code.
The Owner is liable for any conformity defect that becomes apparent within two years from the date of supply. Any lack of conformity must be reported by the Consumer within twenty-six months from the date of supply or from the last act of supply. Where the contract of sale provides for digital products to be supplied for a certain period of time, the obligation to guarantee conformity shall continue for the duration of that period.
If the User Consumer wishes to avail himself of the remedies provided for by the guarantee of conformity, he must send written notice to the e-mail address info@starbottle.space. The Holder shall promptly reply to the communication of the alleged conformity defect and shall indicate to the User Consumer the specific procedure to be followed.
For anything not provided for in this clause, the articles from art. Art. 135-octies to Art. 135-vicies bis of the Consumer Code and the articles of the Civil Code on the formation, validity and effectiveness of contracts, including the consequences of contract termination and the right to compensation for damages.

CONTENT SUBMITTED BY USERS

The User may upload Content to the Application, provided that it is not unlawful (e.g. obscene, intimidating, defamatory, pornographic, abusive or for any reason illegal or in breach of privacy, the intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or otherwise harmful to the Owner and/or third parties or does not contain viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming. In the event of a dispute by a third party regarding any ad or conduct related thereto, the User assumes full responsibility and undertakes to indemnify the Owner against any damage, loss or expense.
The User guarantees that the Contents are sent to the Application through his/her account by a natural person of legal age. For natural persons who are minors, the submission of Content must be reviewed and authorised by their parents or guardians.
The User is solely and exclusively responsible for the use of the Application as regards the publication, consultation, management of the Contents and contacts between Users, and is therefore the sole guarantor and manager of the correctness, completeness and lawfulness of the Contents and of his own behaviour.
It is forbidden to use an e-mail address that does not belong to the User, to use the personal data and credentials of another User to use their identity, or in any other way declare false information about the origin of the Content.

The Owner is not in a position to ensure timely control over the Content received and reserves the right, at any time, to delete, move or edit Content that, in its discretion, is found to be illegal, abusive, defamatory, obscene or infringing of copyrights and trademarks, or otherwise unacceptable.
While not carrying out a prior check of the messages, the Owner recommends that the content sent is ethically correct and does not contain pornographic or offensive material or material that may in any way offend the sensibilities of others.

Users grant the Owner a non-exclusive right of use over the Content submitted, without any geographical area limitation. Therefore, the Owner may, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works from, host, index, store, annotate, encode, modify and adapt (including, without limitation, the right to adapt for transmission in any form of communication) in any form, any Content (including images, messages, including audio and video) that may be sent by the User, including through third parties.
Submitted Content shall not be returned, and the Controller shall not be liable to Users for the loss, modification or destruction of any transmitted Content.
The following is expressly prohibited, unless expressly authorised by the Controller: i) the use of automatic ad loading systems, except for those expressly authorised, ii) the serial publication and/or management of advertisements on behalf of third parties by any means or methods, iii) the resale of the Controller's services to third parties.

INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

All the contents of the Application, including the texts, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark law. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorised the Owner to publish them in the Application. With the exception of strictly personal uses, the Contents may not be copied, altered, distributed, published or used without the specific authorisation of the Owner.

EXCLUSION OF WARRANTY

The Application is provided on an “as is” and “as available” basis and the Owner does not provide any express or implied warranty in relation to the Application, nor does it guarantee that the Application will meet the needs of Users or that it will never be interrupted or be free of errors or viruses or bugs.
The Owner shall use its best efforts to ensure that the Application is available 24 hours a day, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failures, maintenance, repairs or for reasons entirely beyond the control of the owner or for events of force majeure.

LIMITATION OF LIABILITY

The Owner shall not be held liable to the User, except in the case of fraud or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of his control or that of his suppliers.
In addition, the Owner shall not be liable for damages, losses and costs incurred by the User as a result of the non-execution of the contract for reasons not attributable to him, the User being entitled only to a full refund of the price paid and any additional charges incurred.
The Holder assumes no responsibility for any fraudulent or illicit use that may be made by third parties of the credit cards and other means of payment, not coming into contact in any way with the payment data used (credit card number, holder's name, password, etc.).
The Holder may not be held responsible for:

• any loss of business opportunities and any other loss, including indirect loss, that the User may suffer that is not the direct consequence of the breach of contract by the Controller
• incorrect or inappropriate use of the Application by Users or third parties
• the issuing of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct entry.

Under no circumstances may the Holder be held liable for more than double the amount paid by the User.

MAJOR FORCE

The Holder shall not be held liable for the non-fulfilment or delayed fulfilment of its obligations due to circumstances beyond its reasonable control due to force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, beyond its control.
The fulfilment of the obligations by the Holder shall be deemed to be suspended for the period during which force majeure events occur.
The Holder shall take all steps within its power to find solutions that enable the proper fulfilment of its obligations despite the continuation of force majeure events.

LINKS TO THIRD-PARTY WEBSITES

The Application may contain links to third-party websites/applications. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third parties will apply to the individual services, with respect to which the Owner accepts no responsibility.

PRIVACY

Personal data will be protected and processed in accordance with the Privacy Policy available at starbottle.space/en/privacy

APPLICABLE LAW AND JURISDICTION

The Conditions are subject to Italian law.

For Consumer Users, any dispute relating to the application, execution and interpretation of these Terms shall be referred to the courts of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian Republic, without prejudice to the right of the Consumer User to bring a case before a court other than the “consumer court” referred to in Article 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Italian Code of Civil Procedure.

This is without prejudice to the application to Consumer Users who do not have their residence or domicile in Italy of the more favourable and mandatory provisions laid down by the law of the country in which they have their residence or domicile, in particular in relation to the time limit for exercising the right of withdrawal, the return of the Products, in the event of the exercise of such right, the communication formalities and the legal guarantee of conformity.

ONLINE DISPUTE RESOLUTION FOR CONSUMER USERS

The consumer user resident in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to resolve any dispute relating to and/or arising from contracts for the sale of goods and provision of services concluded online. Accordingly, the User Consumer may use this platform to resolve any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date 30/01/2023