Terms of Use and Conditions of Sale

Edition of [*] February 2023

The website www.justepyc.com (“Site”) is owned by G-TEC EUROPE S.R.L. ("EPYC" or "Seller"), with registered office in Dueville (VI), Strada Marosticana 81/13 (Postal Code 36031), VAT no. 0318560024; REA no.: VI-305528 Share capital: € 119,000 fully paid up.

Any information, assistance, request or complaint can be forwarded to Customer Service:
• via the CONTACTS page
• by email to the address: info@justepyc.com

These terms of use and conditions of sale (hereinafter "Terms and Conditions") regulate the use of the Site by users and the remote sale of the products marketed on the same, governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code"), when it involves a Consumer, and by Legislative Decree no. 70 of 9 April 2003, containing the regulation of electronic commerce.
Please review them carefully and print and/or save them on another accessible durable medium. Please also carefully consult the Privacy Policy and the Cookie Policy.
The Seller undertakes to make these documents always usable and updated, and reserves the right to modify them at any time, with effect from the date of publication on the Site.

DEFINITIONS

For the purposes of these Terms and Conditions, the following definitions apply:
"Contract": the contract concerning the remote sale of the products marketed by the Site, between EPYC and an end customer, as part of a remote selling system that uses the Internet as a remote communication technology.
"Customer": (i) the Consumer pursuant to art. 3, paragraph I, letter a) of the Consumer Code, as a natural person who has reached the age of 16 and purchases on the Site for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity carried out by the same; (ii) the Professional pursuant to art. 3, paragraph I, letter c) as a natural or legal person who makes a purchase on the Site in the exercise of his or her entrepreneurial, commercial, artisan or professional activity, or an intermediary thereof
"User": the person who accesses the Site and continues his or her navigation or registers on the Site by creating an account.
"Cart": final stage of the purchase process in which the User transmits his or her purchase proposal by selecting the payment method, shipping and other options present.
"Order": the purchase proposal that the user sends to EPYC, completing the order procedure described.
“Products”: products offered for sale through the Site by EPYC.

SUBJECT

With this Agreement, EPYC sells and the Customer purchases remotely, through telematic means, the Products indicated and offered for sale on the Site.
These Terms and Conditions do not govern the sale of products or the provision of services by third parties who use direct links to the Site through banners or other hyperlinks/links. EPYC does not carry out any kind of control/monitoring on the websites accessible through these links. Therefore, in no event shall EPYC be liable for any goods or services promised by a third party or for any transaction between Users of the Site and any third parties.

SERVICE AVAILABILITY AND TERMS OF USE

Attention. The sale of the products is exclusively intended for Italy and the following countries: Germany, Spain, Poland and France and delivery can only take place to these countries. Proposals to purchase from other countries or address territories other than those listed above will not be accepted by EPYC.
The sale of the Products of the Site may be temporarily suspended, without prior notice, for the time strictly necessary for the necessary and/or appropriate technical interventions on the platform or if justified security reasons or breaches of confidentiality occur. EPYC reserves, in any case, the right not to accept orders, no matter where they come from, that are anomalous in relation to the quantity or frequency of purchases made on the site.
EPYC also reserves the right not to accept orders from a) users with whom a legal dispute is ongoing; b) users involved in fraud related to credit card payments; c) users who have issued identification data that then prove to be false, incomplete or inaccurate.

By using this website and/or placing orders through it, the user agrees: 1. to use the website exclusively for lawful activities; 2. not to place false or fraudulent orders. Where there are plausible reasons to believe that orders of this nature are involved, the Seller reserves the right to cancel the order and inform the competent authorities.

PRODUCTS

The Products offered for sale through this Site consist of UPS (or “Uninterruptible Power Supply”) devices, that is, devices designed to provide backup power in the event of power outages or blackouts, and ensure the continuity of critical activities. All Products are described in the relevant information sheet ("Product Sheet") which illustrates their main technical characteristics. The images and descriptions included therein are for illustrative and demonstrative purposes and, despite the efforts to describe and represent them in a way that is as accurate as possible, they may not be perfectly representative of real products that could therefore differ slightly in shape, colour (also due to the different colours of the screens of the devices used). However, we guarantee our effort to represent the Products in the most truthful way possible and corresponding to reality.

PRODUCT AVAILABILITY

All orders for Products are subject to product availability. The availability of the Products refers to the time when the Customer consults the Product Sheets and should nevertheless be considered as merely indicative, as the Site can be visited by several Users at the same time, and it may happen that multiple Users place orders for the same product at the same time. Therefore, it may happen that the Site's computer system marks a product as available that is not actually available, because it is sold to others before the order is confirmed. In such cases, the Seller shall not be liable under any circumstances for the unavailability of one or more Products. EPYC cannot be held liable for the temporary or permanent unavailability of one or more Products. In the event of the Products being unavailable, even temporarily, the Seller agrees not to charge the Customer the corresponding price. If the order has been submitted and the price already charged for the items that are no longer available, the Seller will refund Customer the full amount paid for those items. In the event of the goods not being available, in whole or in part, even after the Order Confirmation email has been sent, the Customer will be informed promptly by e-mail. In such a case, the purchase contract will be terminated, and EPYC will reimburse the price and shipping costs (where applicable and, if the purchase was for the Product that is not available only or, in the case of multiple orders, limited to shipping charges specifically related to the Product not available). In the case of multiple orders, the unavailability of one or more of the Products ordered will not, however, give the Customer the right to cancel the entire Order.

REGISTRATION

Registration on the Site allows the User to create an account by filling in the Registration Form, where the User will enter the personal data requested, also to store the ways in which he or she uses the Services of the Site (e.g. delivery address, payment system, etc.). The User who registers is responsible for the veracity, correctness and updating of the data entered, guarantees to be the legitimate owner and undertakes to comply with the applicable legal regulations and the Terms and Conditions of the Site. All data transmitted will be processed in compliance with the Privacy Policy for the sole purpose of executing orders and, only with the consent of users, in order to promote the Products or promotions of the Site.

PURCHASE PROCEDURE

The User may also purchase the Products offered for sale on the Site as a "guest", that is, without being registered on the Site, by completing the order transmission procedure and the instructions contained therein available in the Italian language only. Before transmitting the order to the User, the order summary containing the selected Products, the price of the Products, the shipping costs and other additional costs (if applicable, e.g. cash on delivery) will be shown in the Cart. The User can then identify and correct any errors that occurred during the completion of the fields, as well as read these Terms and Conditions and the Privacy Policy. To submit the order, the User must click on the button to complete the order and proceed with the payment in the chosen manner.
By placing an order, the Customer declares that he or she has read all the indications provided to him or her during the purchase procedure, that he or she fully accepts these Terms and Conditions, and expressly acknowledges and accepts that this implies the obligation to pay the price and the other amounts due under these Terms and Conditions and that the order cannot be modified or cancelled after its shipment.

CONCLUSION OF THE CONTRACT

The Contract between the Seller and the Customer will be considered concluded only with the acceptance of the order by the Seller by sending an e-mail confirming the order (the "Order Confirmation") which is equivalent to the acceptance of the purchase proposal. Only the Products indicated in the Order Confirmation will be the subject of the contract .
The Seller reserves the right, at its discretion, to refuse the order, even in cases where: a) the order cannot be executed due to: error in the information provided by the User at the time of placing the order (e.g. payment card; expiry date, etc.); incorrect billing address; insufficient or incorrect shipping address; misleading information; inability to deliver the product in some disadvantaged geographical areas; b) an error has occurred on the Site relating to the price, description of the product or its availability; c) the shipping address concerns territories where delivery is not available, pursuant to what is specified above. In such cases, the Seller will proceed to cancel the order and refund what has already been paid for the payment of the Products. Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an order by the Seller.
Subsequently, the Customer will be informed, by means of a confirmation e-mail, that the order is being shipped containing the tracking number useful for tracking the shipment, which will generally be active after 24 hours from its receipt (the "Shipment Confirmation").
The purchase contract will be considered terminated in case of non-payment, even partial, of the price of the product, shipping costs, if any, and any other additional cost, as a result of the order ("Total Amount Due"). In the event that the Total Amount Due is not paid or the success of the payment is not confirmed, the purchase contract will be considered terminated by law pursuant to and for the purposes of Article 1456 of the Italian Civil Code. Upon such termination and the consequent cancellation of the order, the Customer will be promptly notified.

PAYMENT

For a summary of the information on the available payment methods, we invite the Customer to view the Payment Methods page.
The payment methods available on the Site are those described below:

Credit cards. Credit cards and debit cards from major international circuits, such as Visa and MasterCard, European and international, including Electron (Visa) and Maestro (Mastercard) cards and Postepay cards are accepted. If, for any reason, it is not possible to charge the amount due, the sale process will be automatically cancelled and the sale will be resolved pursuant to art. 1456 of the Italian Civil Code. The Customer will be informed by e-mail communication. For security purposes, you may be required to authenticate using mobile devices or other tools required by the Payment services. Failure to complete the procedure described above may imply the impossibility of finalising the purchase on the Site. Payment security is ensured by the adoption of the PayPlug Payment Gateway (click here for more information)

PayPal. Payments via PayPal are accepted. If the user chooses this payment method, he or she will be redirected to the PayPal site where he or she will make the payment according to the procedure provided and regulated therein. PayPal may require a multi-factor security process, such as sending confirmation e-mails, and uses SSL security and data encryption protocols. In the event of cancellation of the order or in other cases in which the expense incurred by the Customer must be reimbursed, the related amounts will be refunded through the PayPal account, unless otherwise agreed with EPYC.

Payment in 3 instalments via PayPal. The Customer can also pay by opening an account and using the credit card on the PayPal platform that allows the amount to be divided into 3 monthly instalments under the conditions defined by the platform referred to in the following information sheet.

Cash on delivery. The Customer may decide to pay by cash on delivery, exclusively for purchases made in Italy and for a maximum value of € 1,000.00. If the Customer chooses cash on delivery as a means of payment, a surcharge will be applied for the cost of the service, equal to € 8.00.
In the event of choosing payment by cash on delivery, at the time of delivery of the Products it is possible to pay: (i) in cash the amount indicated in the purchase order (in which case it is advisable to prepare the exact amount), and (ii) by credit/debit card. In case of cancellation of the order or in other cases in which you must proceed to reimburse the expense incurred by the Customer, the relative amounts will be refunded by bank transfer to the coordinates communicated by you.

Bank Transfer. Payment by bank transfer is accepted. The details for making the transfer will be provided with the Order Confirmation email and the Customer must proceed with the payment without fail within 7 days of receipt of the same. In case of non-payment within the indicated period, the sale will be resolved pursuant to art. 1456 of the Italian Civil Code, without prejudice to the right to compensation for the damage suffered, and the Customer will receive an e-mail cancelling the order sent.
The Customer must indicate in the reason for the transfer: order number.

PRICES

The sales prices displayed on the Site are to be understood in euros and inclusive of VAT (if applicable) and any other taxes.
The Shopping Cart shows: the price of the Products, the shipping costs and other additional costs (if applicable, e.g. cash on delivery). The price of the Products applied to the contractual relationship between the Seller and the Customer will be that in force at the time of the order and indicated in the Shopping Cart and in the Order Confirmation, without considering price increases or decreases, even for promotions, which may have occurred later.

INVOICING

At the request of the Customer, EPYC will issue an electronic invoice using the information provided by the Customer and that the latter guarantees to be true. After the invoice is issued, it will not be possible to make any changes to the data indicated in the invoice.For a summary of shipping and delivery information, we invite the Customer to view the Shipping and Delivery page.
Shipping is entrusted to national and international carriers who execute it from Monday to Friday, excluding holidays.

SHIPPING AND DELIVERY OF PRODUCTS

For a summary of the shipping and delivery information, we invite the Customer to view the Shipping and Delivery page.
The shipment is entrusted to national and international carriers that carry it out from Monday to Friday, excluding holidays.
Limitations on delivery. The sale of the Products is intended only for Italy and the following countries: Germany, Spain, Poland and France. Therefore, delivery can only take place to these countries.
Shipping costs. Shipping costs are indicated on the Site and may be free for orders above certain thresholds indicated by EPYC on the Site. They are however indicated within the purchase procedure, before the order is forwarded by the Customer, and on the Shipping and Delivery page.
Delivery times. Delivery times may vary from a minimum of 2 to a maximum of 10 working days, and in any case, within 30 days of receipt of the Order Confirmation. Orders for which you have chosen the method of payment of the Bank Transfer will be processed only after the completion of the bank transaction. The above terms must be considered indicative and not essential and any modification thereof will be promptly communicated by EPYC to the Customer by e-mail.
Shipments to PO boxes or automatic parcel distribution points are not allowed. Orders are shipped by courier and therefore the presence of a natural person is necessary for the signature upon delivery of the package.
In case of absence of the recipient at the address indicated, the carrier in charge will contact the recipient by telephone, or send a notice e-mail, and will attempt a new delivery in the following days. In the event that in the following days it is not possible to make the delivery due to the absence of the recipient, the Products ordered will go into storage at the competent branch. In this case, we invite the Customer to contact Customer Service by e-mail to arrange a new delivery attempt. After the days of storage without delivery, the Products will be returned to the Seller and the order will be cancelled pursuant to Article 1456 of the Italian Civil Code, without prejudice to the right to compensation for damages deriving from transport and storage costs, which EPYC reserves the right to withhold from reimbursement.
The risk of loss and damage to the Products, for reasons not attributable to the Seller, is transferred to the Customer when the latter, or a third party designated by him and different from the carrier, materially enters into possession of the product.

ATTENTION TO DELIVERY

In the case of Products that could be subject to breakage or damage during transport, before accepting the package, make sure:
1. the number of packages delivered corresponds to the number of packages indicated in the transport document;
2. that the packaging is intact and unaltered, even in the closing materials;
3. that the package is delivered diligently and expertly by the carrier;
4. to SIGN with RESERVATION OF SPECIFIC CONTROL in case of anomalies, package not intact or alternately, as better specified below;
5. to check the integrity of the content within 24 hours of delivery;
6. to photograph the item from different perspectives as received by the courier.

RESERVATION OF SPECIFIC CONTROL

Before accepting the package, make sure of the condition of the packaging and its contents.
The Customer has the right to carry out his checks and ACCEPT the package WITH RESERVATION, when he or she considers that there are reasons to do so, without being in a hurry to leave the shipper or fear of placing reservations.
It is the obligation and responsibility of the shipper to transport and deliver the goods carefully, without causing damage during transport. For this reason, in case of anomalies in the delivery of the goods, package or packaging damaged by his conduct, it is the carrier who is responsible for hidden transport damage.
To assert this responsibility, it is necessary to accept the delivery with RESERVATION OF CONTROL that must be SPECIFIC, that is, well motivated, by writing "I ACCEPT WITH RESERVATION OF CONTROL" + the REASON
Examples:
"I ACCEPT WITH RESERVATION OF CONTROL FOR SUSPECTED TAMPERING: if the package is open or not closed;
"I ACCEPT WITH RESERVATION OF CONTROL FOR IMPROPER TREATMENT": if it is not delivered with care or diligence by the carrier;
"I ACCEPT SUBJECT TO CONTROL FOR VISUALLY DAMAGED PACKAGE" if the package shows visible damage, or is visually altered.

RIGHT OF WITHDRAWAL

For a summary of the withdrawal information, we invite the Customer to read the Returns and Refunds page.
The Consumer is entitled to the right of withdrawal, or the right to return the goods by obtaining a refund of what he or she has paid on the same payment method used or by Bank Transfer in case of cash on delivery.
The right of withdrawal is excluded in case of purchase by a Customer who is a professional pursuant to art. 3, letter c) of the Consumer Code indicating the VAT number in the billing request.
The right of withdrawal may be exercised within fourteen (14) days ("Withdrawal Period") from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the product, or, in case of purchase of several Products, from the day of delivery of the last product, or again in case of purchase of Products with multiple lots or multiple pieces, from the day of delivery of the last lot or piece.
To exercise the right of withdrawal, the Customer must inform the Seller, before the expiry of the Withdrawal Period, of his or her decision to withdraw, by means of any explicit declaration of its decision to withdraw from the contract ("Withdrawal Declaration"), of which a form is made available at the following link, indicating in the subject: "exercise of the right of withdrawal"; and in the body of the email: order number, date of the order, the product(s) for which you intend to exercise the right of withdrawal; to be sent to: info@justepyc.com
Once the right of withdrawal has been exercised, EPYC will send a confirmation e-mail, providing the Customer with all the information for the return of the product to the Seller.

The return of the product must be at the expense of the Customer, who must return the Product to the Seller, without undue delay and in any case within fourteen (14) calendar days from the date on which he or she communicated his or her decision to withdraw from the contract, bearing the costs of shipping the product to the EPYC warehouse. The risks of transport for the return of the Products are entirely borne by the Customer.

In the Withdrawal Statement, the Customer may also choose to instruct an EPYC carrier to return the product, bearing the related expenses, which will be deducted from the refund of the product.

The Customer must return the product carefully packed, protected, intact and complete with all its cables, accessories, manuals, original labels, using the original packaging with which the product was received, and inserting the original packaging into a second box, thus avoiding affixing labels or adhesive tapes on the original packaging.

Upon arrival at the warehouse EPYC will ascertain the condition of the returned product and its original packaging and reserves the right to withhold the refund until such time.
The Customer acknowledges and expressly accepts that, upon the outcome of the aforementioned assessment, the return request may be rejected and the purchased product will be returned to the Customer, charging the same the shipping costs, in the event of:
• packaged product, the original packaging of which is missing, tampered with or damaged by the Customer or the purchase of items;
• product that lacks some original parts, accessories or labels;
• product that is damaged for reasons other than transport, or are anomalies in the state of conservation of the same.
Notwithstanding the foregoing, the Customer exercising the right of withdrawal is responsible for the decrease in the value of the Products resulting from handling of the Products other than that necessary to establish the nature, characteristics and operation of the same. In this case, the amount to be refunded will be reduced by an amount equal to the decrease in value. From time to time the Customer will be informed by communication within the number of 7 working days from receipt of the goods in stock. In the event that the refund has already been made, the Seller will provide the bank details for the payment due by the Customer due to the decrease in the value of the Product. 

WARRANTIES

The Products marketed on the Site are covered by the Legal Guarantee of Conformity referred to in articles 129 et seq. of the Consumer Code which is reserved for consumers pursuant to art. 3, paragraph I, lett. a) of the Consumer Code. The Legal Compliance Warranty operates when the defect occurs within 2 years of product delivery (“Warranty period”).
Any defects caused by accidental events or by the Customer's responsibility, from a use of the product that does not comply with its intended use and/or with the provisions of the technical documentation attached to the product, from a tampering of the product by third parties to whom the Customer has entrusted himself or herself for the installation of the same, are excluded from the scope of the Legal Warranty. Battery power tends to decrease normally when subjected to intensive or inappropriate use. Therefore, any power reductions that occur after 12 months from the date of purchase cannot be considered as a lack of conformity.

In case of lack of conformity, the Customer has the right to obtain:
a) restoration of conformity
b) or the proportional reduction of the price
c) or, the termination of this contract.

For the purpose of restoring the conformity of the product, the Consumer may choose between repair and replacement, provided that the remedy chosen is not impossible or, with respect to the alternative remedy, does not impose disproportionate costs on the Seller, taking into account all the circumstances and, in particular, the following:
a) the value that the product would have in the absence of the lack of conformity;
b) the extent of the lack of conformity; and
c) the possibility to try the alternative remedy without significant inconvenience to the Consumer.

The Consumer is entitled to a proportional reduction of the price or termination of the sales contract:
a) if the Seller has not carried out the repair or replacement;
b) if a lack of conformity occurs, despite the attempt to restore;
c) if the lack of conformity is so serious as to justify the reduction of the price or the termination of the contract;
d) if the Seller has stated or is clear from the circumstances, that it will not proceed to restore the conformity of the product within a reasonable period or without significant inconvenience to the Consumer.
The Consumer does not have the right to terminate the contract if the lack of conformity is only minor. It is up to the Seller to determine what constitutes a minor amount.
In the event of a price reduction, it will be proportional to the decrease in the value of the product.

In case of lack of conformity, the Customer, within the Period of validity of the Warranty, may contact the Customer Service by e-mail at the address indicated in the heading indicating the order number and attaching the photos representative of the lack of conformity.

The product for which the lack of conformity is complained must be sent to EPYC which will bear the costs of return or will commission its own carrier for collection.

Warranty for professionals. Please note that, in case of purchase by a professional, the Warranty provided by the Italian Civil Code applies, which considers as non-compliant products those that have defects such as to make them unsuitable for use or that are such as to significantly decrease their value. The remedies available are: the reduction of the price or the termination of the sales contract. In this case, the professional must report the defect within 8 (eight) days of its discovery and in any case within 1 (one) year from delivery.

REVIEWS

On the Site there are reviews released on the site of Trusted Shops. Trusted Shops is a company that provides a service of verified reviews for online stores and e-commerce. With Trusted Shops, customers can leave reviews about their shopping experiences at online stores, which are then verified to ensure their authenticity. This verification process helps ensure that reviews posted on Trusted Shops are accurate and reliable, and that they are a faithful representation of customer experiences with online stores.
For more information on the procedures adopted by Trusted Shops for the verification of reviews, we invite the Customer to visit the following page: https://www.trustedshops.it/recensione/

PRIVACY AND COOKIE POLICY

For the information relating to the processing of personal data carried out by the Site, please read the Privacy Policy.

For information on cookies, that is, small text files that allow you to store information on the preferences of Users to improve the functionality of the Site, to simplify navigation by automating procedures and for the analysis of the use of the Site, please read the Cookie Policy.

FORTUITOUS EVENT OR FORCE MAJEURE

EPYC declines all responsibility for any breach of its contractual obligations in the event of unforeseeable circumstances or force majeure, including but not limited to war or terrorist acts, strikes, states of emergency at national or local level, failure to operate transport infrastructures, interruptions in the supply of electricity or other utilities, earthquakes, other natural disasters.

TOTALITY OF CLAUSES

The Terms and Conditions consist of the totality of the clauses that compose them. If any provision of these Terms and Conditions is deemed invalid or declared invalid by law or by decision of a body having jurisdiction, the other provisions shall continue in full force and effect.

LIMITS ON LIABILITY

The User agrees to use the Site and the Products purchased on the Site exclusively in accordance with these Terms and Conditions, for lawful purposes and in any case without prejudice to the rights of the Seller and/or third parties. The User agrees to release Seller, its employees or contractors from any claim of damages or claims made by third parties for acts or omissions by himself or herself in connection with his or her interaction with the Site or in connection with purchases of Products on the Site.

APPLICABLE LAW AND JURISDICTION

All contractual relations between the parties and these Terms and Conditions are governed by Italian law. For any dispute relating to the application, interpretation and execution of these Terms and Conditions, the Court of Vicenza has exclusive jurisdiction. For the Consumer, the court of the place where the latter has resided or has chosen domicile is competent.

ALTERNATIVE DISPUTE RESOLUTION

The Customer can use the Joint Conciliation Procedure (ADR procedure) ResolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and safe way on the Internet. For more information about the ResolviOnline regulation or to send a conciliation request go to www.risolvionline.com
Alternatively, the Consumer Customer can use the European platform for the online resolution of consumer disputes (so-called O.D.R. platform) made available by the European Commission at the following link: http://ec.europa.eu/consumers/odr/. It is without prejudice to the right of the Consumer to appeal to the competent ordinary court of the dispute arising from these Terms and Conditions, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, where the conditions are met, to promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

CUSTOMER SERVICE and COMPLAINTS

To obtain information, transmit communications, request assistance or submit complaints, the Customer can contact Customer Service:
• via the CONTACTS page
• by email to the address: info@justepyc.com
EPYC will respond to complaints as soon as possible and in any case within 14 working days of receipt of the same.

INDUSTRIAL AND INTELLECTUAL PROPERTY

The Site in its entirety, as well as its individual elements (photographs, texts, videos, logos, trademarks, etc.), as well as these legal documents, constitute works of intellectual property protected by the Industrial Property Code and the Copyright Law.
Any total or partial reproduction, download, modification or use, for any reason and on any medium, is strictly prohibited without the prior written consent of the respective owners.