(c) DeseoCaliente 2024 by Iumob S.r.l - Via Comelico, 3, 20135 Milano, Italia.
Vers. 24th July 2024
1.1 The present general terms of the contract (hereinafter, "GENERAL TERMS") contain the terms and conditions governing the provision of the DeseoCaliente Service (hereinafter also the "Service") available on the site www.deseocaliente.com (hereinafter the "Site"). The GENERAL TERMS are agreed upon by You, as User of the services (hereinafter, "You"or"User") and the Company Iumob S.r.l., Via Comelico 3, 20135 Milano, VAT number IT07048770965 (hereinafter, "DeseoCaliente" or the "Company", and jointly with the User, the "Parties"). The present GENERAL TERMS govern and regulate the Service provided by the Company to the User by means of the Site, cancel any previous provision between the Parties not expressly cited or attached, and constitute the set of rights and obligations between the Company and the User. The Site aims to facilitate communication between Users in order to facilitate the emergence of new friendships.
1.2 In addition to the terms and words defined elsewhere herein, the following are defined:
"Subscription" means the period of time subscribed to paid Services;
"Rate plans" means the types of Subscription available on the Site, using the ways described in article 3.2 below;
"Cases of Force Majeure" mean, by way of example and not exhaustively, pursuant to and for the purposes of the GENERAL TERMS: lockouts, strikes, absolute lack of means of transport, war, revolt or other military actions, floods, fires, lightning, explosions, accidents, power outages, interruptions, malfunctions or overloads of telephone or Internet lines, delays or defaults by DeseoCaliente's third party suppliers or any other event that is beyond the reasonable control of DeseoCaliente, and which prevents the full and correct fulfilment of DeseoCaliente's obligations set forth herein;
"Chat" messaging service of the Site that allows interactions between Users
"Content" means any information, data, video, image, photo, text, description, indication, personal detail, interest, hobby, presentation provided by the User and uploaded to the Site ;
"Effective Date" means the date on which these GENERAL TERMS are accepted by the User
"Duration of Contract" means the duration of these GENERAL TERMS, as specified in article 8 below;
"Meetings" means the Site page where Users appear, and their affinities can be selected;
"Party" means DeseoCaliente or the User;
"Profile" means the User 's personal and private web page on the Site, linked to the account created at the time of registering;
"Recap" means the column present on some pages of the Site where the User 's activities and popularity on the Site are recorded and summarised;
"Search" means the Site function that allows the User to search for other Users;
"Advanced Search" means a Site function that allows Users to search for other Users after having Subscribed to the service;
"Services" means the services available to the User on the Site, as specified in article 3 herein;
"On-Demand purchases section" means additional services that the User can purchase in addition to the products and services included in his/her subscription; in this way the User will purchase "Credits" that can be used from time to time to procure additional services;
"Subscription" means the period of time subscribed to paid Services;
"Subscription Section" means the web page on the Site where it will be possible to view the different Rate Plans on offer and proceed with the Subscription purchase;
"Subscription Services" means the services available to the User who has purchased a Subscription present on the Site, as specified in article 3 below;
"Status - Profile Info" means phrases published by the User that can be viewed by other Users;
"Territory" means the geographic area chosen by the User as a reference when searching for other Users;
We inform you that by pressing the "Sign up" button when registering with the Site or, in any case, by using the Service, you declare that you have read and expressly accept these GENERAL TERMS. Registering with DeseoCaliente and using the Service are completely free (except for costs for computers, applications and telecommunications equipment and Internet connection costs, which are met by the User based on rates established by your provider). If you do not agree with even one of the terms and conditions herein, we kindly invite you not to use the Service and to leave the Site. You acknowledge and agree that the Services you use on the Site are designed to put Users in contact, and that DeseoCaliente simply provides a contact-enabling platform. The Company therefore is not and shall not be party to or responsible for individual contacts between Users, or for related contents.
3.1 In completing the Profile when registering, the User enters the territory, gender (Male/Female/other) of Users he/she is looking for, the nickname by which he will be known on the Site and age. This profile is then validated by reception of an e-mail and relative confirmation. After the account is validated, the User must upload a photo in order to have a Public Profile on the Site (for uploading tips see the FAQ, available here). In the Profile the User can enter the Contents that concern him/her, making changes at any time, with a dedicated page for photos (both public and private). The Site consists of a number of areas in addition to the Profile, some of which are available only to Users with Subscriptions. The User recognises and accepts that only through his/her Profile will he/she will be able to use the Services of the Site, for example searching for other Users through the Search function, viewing messages in the chats, and that his/her Profile can be viewed by other Users. To use the Services, the User must have applications and made the necessary settings for the correct functioning of the Service, for example and not exhaustively:
IE10 or higher browser
activation of JavaScript functions
receipt of session cookies and acceptance of the display of pop-up windows
The Company does not guarantee that the Services can be used if the User uses a popup window-blocking utility. Such a function must be disabled before using the Service. Furthermore, the User must have the competence, equipment and applications required to use the Internet or, possibly, Internet and telephone services, and recognise that Internet features and constraints allow him to guarantee the protection, availability and integrity of data transmissions via the Internet. In view of these conditions, the Company does not guarantee that the services will work without interruptions or malfunctions. In particular, their use may be temporarily interrupted for maintenance, updating, technical improvements, modification of contents or of site presentation. Whenever possible, the Company will inform the Members in advance of maintenance or updating operations. Likewise, the Company cannot be held responsible for any malfunctions, lack of access or poor usage conditions of the Site that may be attributable to an unsuitable device, malfunctions inside the User's Internet provider, Internet traffic and any other reason beyond the Company's control. At the time of registering, a questionnaire will be given to outline the desired profile of the person being sought. These data, in addition to other personal data, will be recorded in the Company 's database, and can be compared with the data of all other Company users in order to provide information on the compatibility of two members, based on the Company's proprietary algorithm. Based on the comparison of the User's profile with the data of all other members contained in the database, the User will receive a list of users with whom he/she might be compatible.
3.2 Purchase of Subscription
3.2.1 The Site includes some services that can only be accessed upon payment of the Rate Plans and acquisition of the Subscription. The User acknowledges and agrees that he will have the chance to use the Subscription Services of the Site only upon purchase of the Subscription. The User acknowledges and agrees that the Services will be activated following payment of the Subscription. The costs of the various subscription types are shown on the purchase pages, and will be viewed by the User before each payment. The User expressly acknowledges and accepts that the Company may change the costs of the types of subscriptions at any time, also with reference to Users already registered and / or subscriptions in progress. The User expressly acknowledges and accepts that, at the time of each payment made through the Site, together with the amount indicated on the purchase pages, sales tax (or other similar taxes that may be applicable to a specific payment, except where these are not provided for) will also be charged, calculated on the basis of the information provided by the User directly and/or indirectly (by way of example but not limited to, through the IP address or information relating to the means of payment used). The amount of taxes paid will in any case be clearly indicated in the summary of the purchase. The User authorises the Company to charge the total of the above-mentioned amounts. Costs may vary based on current promotions and special offers. The proposed subscription plans all include automatic renewals upon expiry of the relative Contract. In order to correctly identify the taxes to be charged, Users further expressly acknowledge and accept that (i) Usersthat are ordinarily resident outside the European Union may only purchase paid services in the country in which they ordinarily reside, while (ii) Users that are ordinarily resident in the European Union may only purchase paid services within the European Union. If paid services are subject to sales taxes under these GENERAL TERMS in the country to be considered for taxation purposes and the User has failed to pay them by not providing correct information on the country from which the purchase takes place, the User shall be liable for their payment and for any penalties, outstanding payments or interest due to the competent tax authorities.
The types of Subscription available with automatic renewal are indicated, and are as follows:
Promo (e.g. trial period from 1 to 3 days), then type C subscription
1 month or equivalent credit packet with an automatic renew every 30 days
3 months or equivalent credit packet with an automatic renew every 90 days
6 months or equivalent credit packet with an automatic renew every 180 days
In the Subscription Section the User compiles the data necessary for the payment, enters his/her details, contacts and billing references. The User acknowledges and accepts that the payments and all management of the data needed for such payments are entirely managed by international payment service providers (so-called Payment Processors) in possession of the relevant authorisations and licences needed to provide this service.
The subscribed User has access to a dashboard in the Profile, in which there is a summary of the status of the Subscription, through which he/she can manage payment methods.
3.2.2 The contract entered into by the Company and the User shall be deemed to be concluded with the Company's acceptance, full or partial, of the order. By placing an order in the various ways provided, the User declares he/she has read all the information provided herein and/or during the purchase procedure, and fully accepts the general and payment terms and conditions given below. If the User is a consumer (i.e. a natural person who registers for purposes that do not relate to his or her professional activity meaning that he/she does not make the purchase by indicating on the order form a VAT number as defined in Article 3, paragraph 1, letter a) of the Italian Consumer Code - hereinafter the "Consumer"), once the online purchase procedure has been completed, the Company shall send him or her by e-mail, inter alia, the link to these Conditions, which the User shall print or save and in any case preserve, in accordance with the provisions of the current Italian Consumer Code. All rights of the User shall be excluded for damages or indemnification, as well as any contractual or extra liability for direct or indirect damage to persons and/or property caused by the Company's full or partial non-acceptance of an order.
3.2.3 Purchase methods. The User can purchase the Subscription Services through the Site. The correct receipt of the order is confirmed by the Company by means of an e-mail reply, sent to the e-mail address communicated by the User. This confirmation message will contain, in addition to the link to these Terms of Sale, the Date and Time of execution of the order and a 'Customer Order Number', to be used in any further communication with the Company. The message repeats all the data entered by the User who undertakes to verify its correctness and communicate any corrections to make promptly, according to the methods described herein. In the event of non-acceptance of the order, the Company will communicate the decision to the User in a timely manner.
3.2.4 Right of withdrawal. By registering for Subscription Services, the User expressly declares and agrees to waive the right of withdrawal in accordance with Art. 59 of the Italian Consumer Code which states: "The right of withdrawal provided for in Articles 52 to 58 for distance and off-premises contracts is excluded in respect of [...] o) the supply of digital content by means of a non-material medium if the performance has begun with the consumer's prior express consent and his acknowledgement that, if so, he would have lost his right of withdrawal".
3.2.5 Conditions for purchases by credit card. In the event of registration to the Service via Credit Card payment, upon the conclusion of the online transaction, the reference bank will authorise only the amount relating to the purchase made. The relative amount will actually be charged to the credit card(s) entered by the User when registering or at a later time, these transactions can be managed/viewed completely independently by the User in the appropriate section of the Site. The card update procedure may require card verification with a possible charge of €1. The method of payment can be made via a single payment for the entire amount or for a portion thereof through multiple payments until the total amount of the purchased subscription is paid off (the amount of these fractional charges are €2.49, €4.99, and up to a maximum of €9.99). In the event of cancellation of the order, if the Company does not accept the order, the Company will promptly request the cancellation of the transaction and release of the committed amount. For some card types, release times depend exclusively on the banking system, and can arrive at their natural expiration (24th day after the authorisation date). Once the transaction has been cancelled, the User acknowledges and expressly agrees that in no case can the Company be held liable for any damages, direct or indirect, caused by a delay by the banking system in the failure to release the amount committed. The Company reserves the right to request additional information from the User (e.g. landline phone number) or to send copies of documents proving ownership of the Card used. .In particular, the User hereby acknowledges and accepts that the Company may be required, on the basis of the agreements with the banks providing the payment systems, as well as by virtue of the regulations in force, to verify that the User is the actual owner of the means of payment that he/she declares he/she intends to use for the purposes of payment of the Fees.
In the absence of the required documentation, the Company reserves the right to refuse the order. At no time during the purchase process is the Company able to know the information relating to the buyer's credit card, transmitted via secure connection directly to the Site of the bank managing the transaction. These data will not be kept in any of the Company 's archives. Under no circumstances can the Company be held liable for any fraudulent or improper use of credit cards by third parties at the time of payment. For further information on the processing of the purchaser's credit card information, please read the policy provided by the bank.
3.3 Automatic renewal of the Subscription.The User acknowledges and expressly accepts that upon expiry of the scheduled period, the Subscription will be automatically renewed under the same purchase terms, barring ongoing promotions. The User can prevent the automatic renewal directly from his/her Profile section by sending a notice of termination, to be communicated via email to customercare.es@deseocaliente.com or by calling the number +34 928972165, within the following times:
At least before the expiry of type A subscription;
At least 15 days before the expiry of type B subscription;
At least 30 days before the expiry of type C subscription;
At least 60 days before the expiry of type D subscription;
The User acknowledges and accepts that it is necessary to indicate the username or e-mail address used during registration, otherwise the cancellation request is void, as it does not allow the User to be identified. The User therefore expressly accepts and authorises the DeseoCaliente manager to automatically renew the subscription - and continue with payments according to the method chosen by the User when purchasing the subscription plan, without the User having to re-enter their credit card details - in the absence of cancellation as per the terms and conditions herein.In the event that the full amount is not available on the credit card, payment of the Subscription will be subject, where necessary, to an instalment payment based on the amount of liquidity on the card.
3.4 On Demand Purchases The User can add to the services included in the chosen subscription plan with credit package purchases. The User who has fully used the credits included in the chosen subscription plan will be able to purchase others in On-Demand mode. When signing up for the subscription plan, the User also authorises any charges for on-demand purchases to go onto the credit card entered during registration or at a later stage. Credits purchased on demand and not used during the period of validity of the subscription will be lost, and are not cumulable, transferable and refundable.
The User may use credit packages purchased for additional functions within the service, depending on the service chosen, spending the corresponding number of credits. The User can check the number of credits remaining at any time by accessing the settings page.
3.5 The User acknowledges and agrees that DeseoCaliente reserves the right to propose different rates or free access to certain User categories, or in the event of particular commercial promotions that may be take place, even by means of dedicated codes and/or specific targeted marketing initiatives. This category of special offers includes the Plus promotional packages. With this type of package, the User is periodically entitled to have double amount of credits on a regular basis compared to the packages priced at 2,99€ and 4,99€. The price and payment methods for the various Services are constantly available on the DeseoCaliente Site and can be viewed prior to use of the Services to which the User wishes to subscribe, and prior to the use of the related Rate Plans.
3.6 The User on the Site shares Contents, and recognises and accepts that other Users can view and interact with those Contents. With our Services you can send messages and share information in various ways, such as through the User Profile, links, Status and messages. The information and content that the User shares or publishes can be seen by other users registered with the Site.
3.7 The User The User can search for other Users through the Search and Advanced Search functions. Advanced Searches are reserved for users who have signed up for a Subscription, and requires the selection of more than one parameter when searching for other Users.
3.8 The User acknowledges and expressly agrees to use the Site, any mobile applications and emails to receive important communications from DeseoCaliente. These GENERAL TERMS also apply to mobile applications. Furthermore, the User agrees that some additional information - such as Contents - may be shared with DeseoCaliente. The User acknowledges and expressly agrees that if the contact information provided to DeseoCaliente is not up to date, he/she may lose the aforementioned communications. The User agrees that DeseoCaliente may send notices in the following ways: (i) a banner notice appearing in the Services, or (ii) an email sent to an address provided by the User, or (iii) by other means, including the mobile phone number, landline phone or traditional mail. The User agrees to keep his/her contact information up to date.
3.9 The User acknowledges and agrees that if he/she infringes the law, third party rights or these GENERAL TERMS, DeseoCaliente may at its complete discretion suspend or interrupt provision of the Services to the User, close the User's account, prevent access to the Site or take any other action needed to protect DeseoCaliente's existing or potential rights and interests. Furthermore, DeseoCaliente reserves the right to cancel or suspend the User 's account if it is not used for more than six months. DeseoCaliente is not obliged to publish any information or content on the Services, and is entitled to remove such information at its sole discretion, with or without notice.
3.10 The Company reserves the right to delete the information and content that the User has published in breach of these terms and conditions. The Company reserves the right to suspend or interrupt the Services or change and modify them at its discretion. DeseoCaliente is not a data storage service. The Company reserves the right to delete Users' messages when 6 months have elapsed since their submission. The User accepts that the Company has no obligation to keep, maintain or provide a copy of any content or information that the User or other persons has provided in breach of these terms and conditions, except to the extent required by applicable law and as indicated in the Privacy Policy.
3.11 The Service aims to ensure the present GENERAL TERMS are complied with, and to exclude from the Service anyone who, by undersigning them, use it in a different way. If you believe that a profile is fake, or if you receive incorrect messages from another User, such as spam, advertising, vulgar or threatening messages, inappropriate content, an invitation to use pay phone numbers and similar, please report the problem by clicking on the link "Block User"present on the profile of the User you wish to report. If DeseoCaliente Users do not comply with these GENERAL TERMS, or if anomalies are reported regarding use of the Service, in particular regarding Contents, DeseoCaliente staff perform a check, which might lead to the User being included in the 'Banned' category. If a User is included among banned Users, the message "you have been banned for violating DeseoCaliente's terms and conditions" will be displayed when you attempt to log in, and will therefore not be able to access the Site. The User may also contact staff at customercare.es@deseocaliente.com to ask for explanations and report the error. If Staff detect an error, the status of the User will be immediately restored, otherwise the User will be permanently deleted from entry in the relative category.The User expressly acknowledges and accepts that the Company may use, in the event of direct and/or indirect reports, or the receiving of Content by the Company, a combination of automated reporting systems and the intervention of moderators to check and verify the presence of Content that violates these GENERAL TERMS into accounts and messages. Although the Company reserves the right to review and remove any Content that violates the GENERAL TERMS, such Content are under the sole responsibility of the User who posts it. The Company cannot guarantee that all Content present on the Website from time to time complies with the GENERAL TERMS. In any case, if the User notices any Content on the Site that violates the GENERAL TERMS, he or she is requested to report it through the channels indicated in this article 3.11.
The User hereby declares and guarantees he/she:
has read and understood the GENERAL TERMS;
is of age, has the ability to act and to sign legally binding contracts;
has chosen a secure and complex password when signing up; and for the entire duration of the relationship arising by undersigning these GENERAL TERMS: (i) will keep the password secure and secret; (ii) will not transfer any part of the account (for example, links, Contents); (iii) will not allow third parties to use the account, and (iv) will comply with any applicable law regarding the management of computer-based accounts;
is responsible for anything that happens through the account unless he/she closes it or reports any abuse;
will only upload information on his/her Profile and Contents that he/she is entitled to share, and the Profile will be truthful;
will not upload any personal information (e-mail address, postal address, telephone number, etc.) to the Site that may allow other Users to contact him/her by means other than the Services;
will refrain from reproducing, duplicating, copying, selling, reselling and in any case exploiting the Site or any part thereof for commercial purposes, as well as reproducing or using in any way DeseoCaliente trademarks and logos;
declares and expressly guarantees that he/she has obtained all the consents and disclaimers, where necessary, from any possible holder of rights for any reason on the Contents uploaded to the Site, including, merely by way of example, in the case of images, to be the holder of the right to exploit the image right and/or having been authorised to do so;
grants to DeseoCaliente, on a non-exclusive basis, free of charge, without temporal and territorial limitations, any and all rights of publication, execution and representation in public, communication to the public, making available to the public, distributing, translating, processing, in any form and by any means, of the Contents that will be available to the public on the Site (including the Profile Picture);
hereby authorises the Company, the third parties authorised by it, to use single parts or fragments of the Contents and to modify said Contents, wholly or in part, if this is deemed appropriate by DeseoCaliente or by third parties for the best exploitation of said Contents pursuant to these GENERAL TERMS;
will not publish or use false data, or data aimed at incitement to hatred, of a homophobic nature, violent towards any minority or in any way slanderous or defamatory or data that contain advertisements of any kind or links to other websites;
will refrain from any form of use, direct and/or indirect, of the Service and of the Site contrary to law provisions or at odds with the provisions herein or on the Site;
will not disclose or disseminate any information or Contents that have the effect of diminishing, disrupting or preventing the normal use of the Services, interrupting and/or slowing down the normal circulation of communications among Users through the Services, such as use of applications, viruses, trojan horses, sending mass messages (spam), etc. DeseoCaliente reserves the right to delete messages sent in bulk by a User in order to guarantee a normal quality of service use for other Users;
will refrain from uploading to the Site any content that is obscene, offensive, violent, defamatory, detrimental to personal dignity, blasphemous and which, in particular, contains: racist statements or praising the inferiority or superiority of a race, people or culture compared with others or minorities, apologies for crimes against humanity; incitement to hatred or violence; sexually explicit, pornographic or child pornography contents; threats or harassment; information or messages that provide instructions on illegal activities, induce illegal activities or that may cause injury to third parties; incitement to dangerous behaviour and risk emulation by minors or to the use of drugs or animal abuse; messages, including hidden messages, of a promotional and/or advertising nature; images not suitable for children (minors);
will not use software or other automatic or manual mechanisms to copy or access the pages of the Site or their content.
5.1 The User acknowledges and expressly accepts that:
the Site puts Users in contact and enables them to meet, and the Company does not act directly in any way with reference to the Services available on the Site, acting merely as a platform for the use of the Services by the Users;
Users expressly acknowledge and agree that the Company may employ individuals and profile assistants without the possibility of meetings to follow and entertain Users in order to ensure an optimal user experience as well as continued availability of the Service;
the Company does not carry out (nor is it authorised to carry out) any type of check or verification, not even on a sample basis, of the criminal records of its Users, nor checks on what they have declared in their Profiles, except with reference to information relating to the means of payment to be used for the purposes of any Subscriptions or On-Demand Purchases or in the event of specific report from other Users;
Users are the only parties with reference to the Services, and the Company is totally unrelated to the individual relationships between Users, and is not liable for any unwanted encounters, for this reason we recommend reading the FAQ section and our relative advice.
The Company therefore does not make any representations or warranties to the User about, merely by way of example:
the quality, lawfulness, security, compliance and features of the Services on the Site,
the existence, and the possibility of having real meetings with other users;
the truthfulness, correctness and completeness of what is published and declared by other Users, also regarding the information required to be made known to consumers pursuant to the applicable law.
the conduct of other Users (current or future) or their compatibility with the User
5.2 Without prejudice to cases of wilful misconduct or gross negligence, to the maximum extent permitted by law, the User acknowledges and accepts that the Company will in no way be liable to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal costs, suffered and/or incurred by the User relating to what has been suffered by other Users and/or, in any case, relating to the Service pursuant to the GENERAL TERMS. Therefore, no compensation for damage may be requested by the User from the Company for any damage suffered in relation to the Service and will not be in any way liable to the User for any delays or breaches of its obligations in relation to the Services in the event that such delays or failures derive from Force Majeure causes.
5.3 The Company is not necessarily affiliated with any website to which links exist on the Site, and is not responsible in any way for the content of said websites. These links are created solely for the convenience of Users, and access to these sites is at the risk and peril of the Users themselves. A link from the Site to any other website does not imply that the Company endorses, supports or recommends that website in any way, or has any control over any aspect of that website's content.
5.4 The relations or communications made by the User through the Site with any third party other than the Company are deemed to be exclusively between the User and the third party. Some sections of the Site may provide links to websites that make it possible to effect transactions or purchase goods or services. These operations may be conducted by third-party partners or by vendors. Under no circumstances shall the Company be liable for any goods, services, resources or content made available through such relationships or communications with such third parties, or for any related damage. The User is wholly liable for carefully monitoring the practices and policies adopted by said third parties before entering into any transaction. Any complaints or questions raised by the User regarding materials or information provided by third parties must be sent directly to such third parties.
5.5 The Company does not have the means to check and cannot guarantee the personal identity and existence of the Users. The Company therefore cannot be held liable in the event of identity fraud involving a User. If the User has reason to believe that third parties are using his/her login credentials or account, he/she is obliged to immediately inform the Company. If a User wishes to present a friend, and provides the Company with the relevant data, he/she undertakes to obtain the express consent of the friend to the processing of personal data by the Company, which will be used exclusively to send him/her, in the name and on behalf of the User providing the data to the Company, an electronic message to inform him/her of the Services offered. The User is also solely liable towards the Company for this friend and third parties, and for the consequences of the transmission of his/her data to the Company.
The Company respects and protects the privacy of its Users.
The Company does not use your personal data for marketing purposes and/or sending commercial communications and/or direct sales without having obtained your prior express consent.
TheUser accepts that the Company reserves the right to access, store, use and process all information it provides in accordance with the terms of the Privacy Policy
We also remind you that, by accessing your personal area on the Site, you may correct or update your personal data at any time.
The User may not transfer some or all of the present GENERAL TERMS to third parties. The Company may at any time transfer these GENERAL TERMS to third parties in its entirety.
8.1 These GENERAL TERMS come into force from the Effective Date, will remain in force for a period of 1 (one) year from that date and will be automatically renewed for subsequent periods of one year each, unless one Party communicates to the other Party by registered letter with advice of receipt the User's intention not to renew the GENERAL TERMS at least 30 (thirty) days prior to the deadline for each renewal.
8.2 The following articles of the GENERAL TERMS shall remain valid and effective even after the conclusion of these GENERAL TERMS: art. 4 (User Declarations and Guarantees); art. 5 (Liability); art. 11 (Applicable Law and Jurisdiction); art. 13 (General Clauses).
Without prejudice to Article 3.2.4, each Party may withdraw from these GENERAL TERMS at any time, by simple written communication to the other Party, giving at least 5 (five) days' notice. It is understood that, also in the event of withdrawal, the Company reserves the right to cancel or suspend the User's Profile. Upon withdrawal from these GENERAL TERMS by the User, the Company reserves the right to withhold the sums already paid for unused Rate Plans, without prejudice to the provisions of article 3.3 above.
In the event of withdrawal by the User, no refund can be requested for amounts already paid.
Without prejudice to the other provisions provided elsewhere in these GENERAL TERMS, if the User breaches Articles 3.2, 4 or 7 of these GENERAL TERMS, the Company reserves the right to suspend the User's Profile and, if necessary, to terminate the GENERAL TERMS as of right, upon simple notification (by e-mail) that the Company wishes to apply this clause. This termination will be with full title, without prejudice to the Company's right to take action against the User or his/her assignors to obtain compensation for any damage suffered as a result of improper use of the Service. The data regarding the User will be destroyed immediately upon his/her express request or in any case by the Company within the period provided for by the applicable legislation and necessary for the protection of the interests of the Company and/or the other Users.
11.1 These GENERAL TERMS are entirely governed by Italian law.
11.2 Without prejudice to norms protecting consumers in the matter of competent court, any dispute arising between the Parties in relation to the validity, interpretation, execution and termination of these GENERAL TERMS and/or in any case in connection with these GENERAL TERMS will be the exclusive competence of the Court of Milan, with the exclusion of any other competing or alternative court
The Company reserves the right to update or change these GENERAL TERMS at any time, in the event that such updates or amendments are necessary to adapt the Service to legal provisions or supervised regulations, to implement security measures that become necessary to optimise the provision of the Service or improve the features of the Service. The Company shall inform Users about changes that have been made directly on the Site. Changes to the GENERAL TERMS will be automatically valid and effective, starting from the tenth day from the date of publication on the Site and will be deemed to be accepted by the User. The User acknowledges and agrees that he/she will be responsible for periodically checking the page of the Site showing the GENERAL TERMS in order to check for any updates. In the event of changes to these GENERAL TERMS, theUser will in any case be entitled to withdraw, a right that can be exercised at any time by simple written communication to the Company or by directly closing his/her account on the Site via his own personal area.
13.1 Any tolerance on the part of the Company towards the User's behaviour that breaches any provision of the GENERAL TERMS does not constitute a waiver of the rights deriving from the violated provision, nor of the right to demand the correct fulfilment of all the provisions contained herein.
13.2 Any failure or delay in exercising a right pertaining to DeseoCaliente pursuant to the GENERAL TERMS shall not be considered as a waiver of its rights.
13.3 The GENERAL TERMS contain the overall agreement reached by the Parties with respect to their subject matter, and they prevail over all previous communications, declarations and agreements, both oral and written, reached by the Parties.
13.4 If any term or other provision of these GENERAL TERMS is declared invalid, voidable or unenforceable, all other conditions and provisions herein will remain, in any case, fully valid and effective. If any term or provision is erased due to it being invalid, contrary to mandatory rules or unenforceable, the Parties undertake to negotiate in good faith and modify these GENERAL TERMS in such a way as to best achieve the original intention of the Parties in order to fulfil in the best possible way the commitments made herein.
13.5 DeseoCaliente and Users act in full autonomy and independence. The present GENERAL TERMS do not give rise to any relationship of collaboration, agency, association, intermediation or subordinate employment between DeseoCaliente and the Users.
13.6 Any communication from one Party to the other pursuant to the GENERAL TERMS shall be sent either by registered letter addressed to Iumob Srl, Via Comelico, 3, 20135 Milano (with the notification of receipt option) or via email: customercare.es@deseocaliente.com;
The User acknowledges and accepts that certain paragraphs of the GENERAL TERMS contain unfair clauses, including the points listed below and that, therefore, he/she must expressly accept during registration, pursuant to articles 1341 and 1342 of the Italian Civil Code: 2. Conclusion of the Contract; 3. The DeseoCaliente Services (in particular, 3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 3.9, 3.10 and 3.11); 4. Declarations and Warranties of the User; 5. Duration and Survivalof Clauses; 9. Withdrawal; 10. Termination; 11.Applicable Law and Jurisdiction; 12. Modifications. The User is invited to carefully read the aforementioned clauses before concluding Registration on the Site, waiving any claim in relation to the abovementioned clauses, also by way of reimbursement or compensation.
You get a 14-day cooling-off period on any subscription purchase. To request a refund just ask our Customer care by sending an email to customercare.es@deseocaliente.com. Please note that refunds are available for purchases of first-time subscriptions. No refunds will be given for renewals. If you don't want to continue with your subscription, you can cancel the automatic renewal on your profile section or sending a message writing an email to customercare.es@deseocaliente.com
We expect our clients to get in touch with us in case of any issues connected to the transactions for the service provided. We can solve all the problems encountered without having to request for a chargeback from the banks. Please contact our customer care. We contact the client`s Issuing Bank to get the additional information about the client and the disputed transaction. We reserve the right for using third-party services to process received chargebacks. We can temporarily discontinue the client's account and suppress client's transactions while making a chargeback investigation. The client cannot be refunded if the chargeback was requested.