Terms and Conditions

What you need to know at a glance

• • The use of the Service/of cgstudiosrl.com is restricted to those Users that do not qualify as Consumers, such as Commercial Users.

TERMS OF USE

Unless otherwise specified, the conditions of use of cgstudiosrl.com set out in this section apply generally. Additional conditions of use or access applicable in particular situations are expressly stated in this document. By using cgstudiosrl.com, Users declare to meet the following requirements:

• Users do not qualify as Consumers;
• Users are not located in a country that is subject to a government embargo by the United States of America or in a country listed as a state sponsoring terrorism by the United States Government;
• Users is not on any United States Government list of prohibited contracting parties;

Content on cgstudiosrl.com

Unless otherwise stated or clearly recognisable, all content available on cgstudiosrl.com is owned or provided by the Owner or their licensors. The Owner takes the utmost care to ensure that the content available on cgstudiosrl.com does not violate applicable law or the rights of third parties. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights to the contents of cgstudiosrl.com

The Owner holds and expressly reserves all intellectual property rights over the aforementioned contents. Users are not authorised to use the contents in any way that is not necessary or implicit in the proper use of the Service. In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/licensing to third parties or creating derivative works from the content available on cgstudiosrl.com, from allowing third parties to engage in such activities through their User account or device, even without their knowledge. Where expressly indicated on cgstudiosrl.com, Users are authorised to download, copy and/or share certain content available on cgstudiosrl.com exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstances required by the Owner. The limitations and exclusions provided for by copyright law remain unaffected.

Access to external resources

Through cgstudiosrl.com Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content and availability. The conditions applicable to the resources provided by third parties, including those applicable to possible concessions of rights on contents, are determined by the third parties themselves and regulated in the relevant terms and conditions or, in their absence, by law.

Permitted use

Cgstudiosrl.com and the Service may be used only for the purposes for which they are offered, in accordance with these Terms and applicable law. It is your sole responsibility to ensure that your use of cgstudiosrl.com and/or the Service does not violate any law, regulation or the rights of any third party.

TERMS AND CONDITIONS OF SALE

Paid-for Products

Some of the Products offered on cgstudiosrl.com as part of the Service are chargeable. The fees, duration, and conditions applicable to the sale of such Products are described below and in the respective sections of cgstudiosrl.com.

Product Description

Prices, descriptions and availability of the Products are specified in the respective sections of cgstudiosrl.com and are subject to change without notice. Although the Products on cgstudiosrl.com are presented the greatest possible technical accuracy, the representation on cgstudiosrl.com by any means (including, as the case may be, graphics, images, colours, sounds) is intended as a mere reference and does not imply any guarantee as to the characteristics of the purchased Product and its exact correspondence with the description contained on cgstudiosrl.com. The characteristics of the selected Product shall be specified during the purchase procedure.

Purchase procedure

Each step, from the choice of the product to the placing of the order, is part of the purchase procedure. The purchase procedure comprises the following steps:

• Users will be asked to specify their billing address, contact details and a means of payment of their choice.
• In the event that the purchase involves the delivery of a Product, it may be necessary for Users to provide a shipping address.
• After providing all the requested information, Users are asked to carefully check the order and can subsequently proceed to checkout

To submit the order, Users are required to accept these Terms and use the respective button or mechanism on cgstudiosrl.com, thereby committing to pay the agreed price.

Sending the order

Sending the order entails the following:

• The sending of the order by the Users determines the conclusion of the contract and gives rise to the Users’ obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
• In the event that the Product purchased requires action on the part of the Users, such as the provision of information or personal data, specifications or special requests, the placing of the order also creates an obligation on the part of the Users to cooperate accordingly.
• Once the order has been placed, Users will be sent a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the Users for this purpose.

Prices

During the purchase process and prior to placing an order, Users are duly informed of all fees, taxes, and costs (including any shipping costs) that will be charged to them. The prices on cgstudiosrl.com:

• Exclude any applicable commissions, taxes and costs.

Means of payment

Details of the accepted means of payment are highlighted during the purchase process. Some means of payment are subject to further conditions or involve additional costs. Detailed information can be found in the relevant section of cgstudiosrl.com. Payment methods marked as such are handled directly by the Owner. Payment methods marked as such are handled directly by the Owner. The Data Controller collects and stores the data necessary for the processing of payments and for the fulfilment of related legal obligations. To receive further information on the processing of personal data and related rights, Users can refer to the privacy policy of cgstudiosrl.com. Other payment methods, if any, are provided independently by third party services. In these cases, cgstudiosrl.com does not collect any payment information – such as credit card details – but receives a notification from the relevant third-party provider when the payment is successfully completed. In the event that the payment made by one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. In the event that the payment fails, the Owner reserves the right to claim reimbursement of any related expenses or damages from the User.

Reservation of ownership

Until payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.

Delivery

Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged. Delivery may take place in the countries or territories specified in the relevant section of cgstudiosrl.com. Delivery times are indicated on cgstudiosrl.com or during the purchase process. Deliveries are made according to the conditions and times indicated on cgstudiosrl.com. Unless otherwise specified, Users shall bear the shipping costs. The risk of loss or damage of the goods passes to Users upon delivery to the courier. For an additional charge, Users may choose insured delivery. In this case, the risks covered by the insurance and the applicable terms and conditions are set out in the insurance policy.

“Click and collect”

Users can choose to pick up their purchases at one of the “collection points” indicated in the relevant section of cgstudiosrl.com and according to the timing communicated.

Delivery agreed

By agreement with the Owner, Users can organize the collection of the purchased goods by a courier of their choice in good time and bearing the risks and costs.

Non-delivery B2B

Unless specifically stated otherwise, Users shall bear the shipping costs. The Owner shall not be liable in any way for any errors, delays (including if Users do not collect the goods within the time limit set by the Owner or the courier), damage or loss of the goods after delivery to the courier. If, when unable to deliver, the goods are returned to the Owner, the User shall bear the costs of the resulting storage. Users are required to organise a new delivery attempt at his own expense, after having agreed with the Controller on suitable collection times and methods. Otherwise, the Controller may, at his discretion, withdraw from the contract or arrange for a new delivery attempt at Users’ expense. In both cases, the Owner reserves the right to compensation for any damages suffered due to non-delivery.

Rights of the User

Right of withdrawal

Unless exceptions apply, Users have a legal right of withdrawing from the contract within the period specified below (generally 14 days) for any reason and without justification. Users can learn more about right of withdrawal in this section.

On cgstudiosrl.com there is no right of withdrawal

Users acknowledge and accept that there right to withdrawal does not apply to contracts concluded over cgstudiosrl.com by virtue of the particular characteristics of the offer and because said Users do not qualify as Consumers.

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

The right to cancel does not apply on cgstudiosrl.com

Users acknowledge and accept that the right to cancel does not apply to contracts concluded over cgstudiosrl.com due to the nature of its offering.

Direitos do Usuário brasileiro

Direito de arrependimento

Salvo se for estipulada abaixo uma exceção aplicável, os Usuários Consumidores no Brasil terão o direito legal de arrependimento de acordo com a legislação brasileira. Isto significa que o Consumidor tem o direito de rescindir os contratos online (contratos à distância ou celebrados fora do estabelecimento comercial) por qualquer motivo e sem justificativa, no prazo de 7 (sete) dias a contar da data da celebração do contrato ou do recebimento do produto ou serviço. Usuários que não se qualificam como Consumidores não podem se beneficiar dos direitos estabelecidos nesta seção. O direito de arrependimento poderá ser exercido pelo Consumidor por meio dos canais de contato indicados no início deste documento e de acordo com as orientações desta seção.

O direito de arrependimento não se aplica a cgstudiosrl.com

Os Usuários estão cientes e concordam que o direito de arrependimento não se aplica aos contratos celebrados por meio de cgstudiosrl.com, devido à natureza de sua oferta.

Warranties/Guarantees

Legal guarantee of conformity of the Product according to European Union legislation

According to European Union legislation, the seller guarantees the conformity of sold goods for a minimum period of 2 years from delivery. Therefore, traders must ensure that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality or characteristics for at least two years after they’ve been delivered to the purchaser. Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on cgstudiosrl.com in accordance with the laws of the country of their habitual residence. The national laws of that country may grant such Consumers broader rights. In particular, Consumers residing in France may exercise their conformity guarantee rights within two years of delivery of the goods without having to produce proof of the defect or lack of conformity. The period of time for which Consumers are exempted from producing proof is reduced to six months in the case of used goods. By exercising the right of guarantee, Consumers may choose between requesting replacement or repair of the defective good under the conditions specified in the French Consumer Code. This legal guarantee of conformity is applicable regardless of any further commercial guarantee granted by the Owner. Consumers may also exercise the right of guarantee for latent defects under the relevant provisions of the French Civil Code, choosing between withdrawal from the purchase or reduction of the price. Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.

Conformity to contract for Consumers in the United Kingdom

Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.

Garantia legal de conformidade de produtos para Consumidores no Brasil

A garantia legal aplicada aos produtos comercializados por (físicos e digitais) obedece aos seguintes termos, de acordo com o Código de Defesa do Consumidor:

• os produtos não duráveis terão garantia de 30 (trinta) dias; e
• os produtos duráveis terão garantia de 90 (noventa) dias.

O período de garantia começa a partir da data de entrega do produto. A garantia não é cabível em casos de uso indevido, eventos naturais ou se o produto tiver sido submetido a qualquer outra assistência técnica que não seja a fornecida por cgstudiosrl.com. A garantia pode ser acionada através dos canais de contato fornecidos por cgstudiosrl.com. Se necessário, o Proprietário arcará com os custos do envio do produto para avaliação técnica. O Proprietário, a seu critério, também poderá fornecer uma garantia contratual além da garantia legal. As normas aplicáveis às garantias contratuais podem ser encontradas nas especificações fornecidas por cgstudiosrl.com. Se tais informações não forem fornecidas, apenas as disposições legais serão aplicadas.

Limitation of liability and indemnity

Indemnification

You agree to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-branders, partners and employees to the fullest extent of the law from any claim or demand – including, without limitation costs and attorneys’ fees – made by any third party due to or in connection with conduct in violation of these Terms, third party rights, or the law, arising out of or in connection with your use of the Service and attributable to you, your affiliates, officers, agents, co-branders, partners, and employees, whether at fault or not.

Limitation of liability for User’s activities on cgstudiosrl.com

Unless otherwise specified and subject to applicable provisions of law, all claims for damages against the Owner (or any person or entity acting on their behalf) are excluded. The foregoing does not limit the Owner’s liability for death, personal injury or damage to physical or mental integrity, damages resulting from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damages caused with malice or gross negligence, provided that the use of cgstudiosrl.com by Users was appropriate and correct. Unless the damage was caused with intent or gross negligence or affects life and/or personal, physical or mental integrity, the Owner is only liable to the extent of the damage that is typical for the type of contract and foreseeable at the time of conclusion. . In the event of liability on the part of the Owner, the compensation due may not exceed the total amount of payments which have been, will be or may be contractually due to the Owner by Users for a period of 12 months or for the entire duration of the Agreement, whichever is the shortest.

Australian users

Limitation of liability

Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or protection that User may benefit from under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right that cannot in any way be excluded, limited or modified (a non-excludable right). To the fullest extent permitted by law, our liability to Users, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the Owner, to the re-supply of services or payment of the cost of re-supplying them.

USA Users

Disclaimer of Warranty

The Owner provides cgstudiosrl.com “as is” and subject to availability. Use of the Service is at Users’ own risk. To the fullest extent permitted by law, the Owner expressly disclaims conditions, covenants and warranties of any kind – whether expressed, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by Users from the Owner or through the Service shall create any warranty not expressly set forth herein. Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers, and employees do not warrant that the content will be accurate, reliable, or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such download or use of the Service by you. The Owner does not warrant, endorse, guarantee or assume responsibility for any products or services advertised or offered by third parties through the Service nor any hyperlinked website or service. Furthermore, the Owner does not participate in or in any way monitor any transactions between Users and third-party providers of products or services. The Service may become inaccessible or not function properly with Users’ browser, device and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, arising from the content, operation, or use of the Service. Federal laws, some States and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from State to State. The limitations and exclusions in this Agreement apply to the extent permitted by law. Limitation of liability To the maximum extent permitted by applicable law, in no event shall Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, intentional, collateral, special, consequential or exemplary damages, including but not limited to damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of or inability to use the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorised access to or use of the Service or User account or information contained therein
• any errors, omissions or inaccuracies in the content;
• personal injury or property damage of any kind resulting from your access to or use of the Service;
• any unauthorised access to the Owner’s security servers and/or any personal information stored therein
• any interruption or cessation of transmissions to or from the Service
• any bugs, viruses, trojans or the like that may be transmitted to or through the Service
• any errors or omissions in any content or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
• the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount greater than the amount paid by Users to the Owner during the preceding 12 months, or for the term of this Agreement between the Owner and Users, whichever is the shortest.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability, or any other basis, even if Users have been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give You specific legal rights, and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, or limitations of liability in these Terms do not apply beyond the limits provided by applicable law. Indemnification You agree to defend, indemnify, and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising from

• your use of or access to the Service, including any data or content transmitted or received by you
• your violation of these Terms, including, but not limited to, any breach by you of any representation or warranty set forth in these Terms
• your violation of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
• any User violation of any applicable law, rule or regulation
• any content posted by the User’s account, including, but not limited to, misleading, false or inaccurate information, and including if the User’s personal username and password or other security measures, if any, are accessed by a third party
• the wilful misconduct of the User; or
• the violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law

Common Provisions

No implied waiver

The Holder’s failure to exercise any statutory rights or claims arising under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to a specific right or any other right.

Interruption of the Service

In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system upgrades or for any other changes, giving appropriate notice to Users. Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of termination of the operation of the Service, the Owner shall endeavour to ensure that Users are able to retrieve their Personal Data and information and shall respect Users’ rights to continued use of the product and/or compensation, in accordance with the provisions of the law. In addition, the Service may be unavailable due to causes beyond the Owner’s reasonable control, such as force majeure (e.g. infrastructural malfunctions, blackouts, etc.).

Resale of the Service

Users are not permitted to reproduce, duplicate, copy, sell, resell, or exploit cgstudiosrl.com or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate reseller program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of cgstudiosrl.com.

Intellectual Property

Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs relating to cgstudiosrl.com are held exclusively by the Owner or its licensors and are protected under applicable intellectual property laws and international treaties. All trademarks – whether denominative or figurative – and any other distinctive sign, company, service mark, illustration, image, or logo appearing in connection with cgstudiosrl.com are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes to the Terms

The Owner reserves the right to amend the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users. The changes will take effect in the relationship with the User only from the time communicated to Users. Continued use of the Service implies Users’ acceptance of the updated Terms. If the User does not wish to accept the changes, the User must cease using the Service and may terminate the Agreement. The previous version continues to govern the relationship until Users accepts the changes. Such version may be requested from the Owner. If required by law, the Owner will notify Users in advance of the effective date of the amended Terms.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users. The provisions regarding the amendment of these Terms shall apply. Users are not authorised to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contact

All communications concerning the use of cgstudiosrl.com should be sent to the addresses indicated in this document.

Severability clause

Should any provision of these Terms be or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not cause the remaining provisions to be invalid or unenforceable and the remaining provisions shall remain valid and enforceable.

USA Users

Any invalid or unenforceable provision will be interpreted and adjusted to the extent necessary to make it valid, effective and in accordance with its original purpose. These Terms constitute the entire agreement between Users and Owner with respect to the subject matter hereof and supersede all other communications, including any prior agreements, between the parties with respect to the subject matter hereof. These Terms shall be enforced to the fullest extent permitted by law.

European Users

If any provision of these Terms should be or become void, invalid, or unenforceable, the parties shall endeavour to agree amicably upon a valid and effective provision to replace the void, invalid or unenforceable provision. In the event of failure to agree within the above time limits, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be replaced by the applicable statutory provision. Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on one of the parties.

Applicable Law

The Terms are governed by the law of the place where the Owner is established, as set out in the relevant section of this document regardless of conflict of law rules.

Prevalence of national law

However, notwithstanding the foregoing, if the law of the Country where the User is located provides for a higher level of consumer protection, such higher level of protection shall prevail.

Exceção para Consumidores no Brasil

Se o Usuário se qualificar como um Consumidor Brasileiro e o produto e/ou serviço for comercializado no Brasil, será aplicada a legislação brasileira.

Jurisdiction

Jurisdiction and exclusive competence to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for Consumers in Europe

The foregoing does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway, or Iceland.

Exceção para Consumidores no Brasil

O acima não se aplica a Usuários no Brasil que se qualifiquem como Consumidores.

Dispute Resolution

Amicable settlement of disputes

Users can report any disputes to the Owner, who will try to resolve them amicably. Although the right of Users to bring legal action remains unaffected, in the event of disputes relating to the use of cgstudiosrl.com or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document. Users can address a complaint to the Owner’s email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned. The Owner will process the request without undue delay and within 3 days of its receipt.

Definitions and legal references

Cgstudiosrl.com (or this Application)

The structure that allows the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Brazilian (or Brazil)

It applies when the User, regardless of nationality, is in Brazil.

Commercial User

Any User who does not meet the definition of Consumer.

European (or Europe)

It applies when the User, regardless of nationality, is located in the European Union.

Owner (or We)

Indicates the natural or legal person who provides cgstudiosrl.com and/or offers the Service to Users.

Product

A good or service that can be purchased through cgstudiosrl.com, such as a material good, digital files, software, booking services, etc. The sale of a Product may be part of the Service, as defined above.

Service

The service offered through cgstudiosrl.com as described in the Terms and on cgstudiosrl.com.

Terms

All conditions applicable to the use of cgstudiosrl.com and/or the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the most updated version respectively.

United Kingdom (or UK)

It applies when the User, regardless of nationality, is located in the United Kingdom.

User (or You)

Indicates any natural person who uses cgstudiosrl.com.

Consumer

Any User considered as such pursuant to applicable law is considered a Consumer. Last modified: October 19, 2023