a) “SESAMO SYSTEM” means the system that increases the security level of one’s home by limiting the risk of unwanted visits or interference, consisting of: i) an “Intelligent Peephole”: term that identifies the identification device present at inside the package and installed at the entrance to the User’s home, which allows you to check if the Visitor with a Family Key is accredited; ii) a “Family Key”: term that identifies the electronic key included in the package, uniquely associated with the Peephole and by means of which the User ascertains whether the Visitor is an accredited person; iii) a “112 Emergency Call System”, a term that identifies the module that allows the User to make an emergency voice call with 112, the Single European Emergency Number. The devices indicated above have the characteristics and functions indicated in the instructions placed inside the package; b) “User” means the purchaser-user of SESAMO SYSTEM who signs these general terms and conditions; c) “Recipient of the alerts” means the person / s whose mobile phone numbers have been reported by the User in these General Contract Conditions and to whom the emergency SMS messages that SESAMO SYSTEM generates automatically every time the User makes an emergency call to 112; d) “Visitor” means the person with a Family Key who goes to the User’s home; e) “Supplier” means the company Sesamo S.r.l. with registered office in Genoa, via A. Orsini 1, VAT number 02044400998; f) “Instructions” means the paper documentation present inside the package and, in electronic format, at the website www.sesamosystem.com/supporto which illustrates, also with the aid of photos, drawings, diagrams and images, how to use SESAMO SYSTEM and its main functions and features.
2. OBJECT OF THE CONTRACT
These general conditions of contract govern the use of SESAMO SYSTEM and the relationship between the User and the Supplier. In particular, SESAMO SYSTEM consists of an Intelligent Peephole that is installed on the User door equipped with an Emergency Call System equipped with a button to make a call to 112, the single European emergency number and a Family Key which is delivered by the User to the Visitor who, by connecting it to the connector located on the outside of the Intelligent Peephole as shown in the Instructions, turns on the end of the Peephole on the inside of the door with a green light and an acoustic signal indicating that the Visitor is equipped with the Family Key associated with the Device. In case of doubt about the Visitor’s identity and, if the User feels in danger, he can activate an emergency call to 112 by pressing the button as indicated in the Instructions and SESAMO SYSTEM will put the User in communication with the emergency number 112 and will automatically send an emergency SMS to the Recipients of the indicated alerts. The Instructions, including how to use SESAMO SYSTEM, are found inside the package and on the website www.sesamosystem.com/supporto
3. ACTIVATION AND DEACTIVATION OF THE IDENTIFICATION DEVICE
In order for the system to function correctly and the ancillary services to be usable, SESAMO SYSTEM must be activated by the Supplier or by its authorized resellers. The activation of the Identification Device is subject to the correct and complete compilation and signing, in all its parts, of these general terms and conditions by the User and, subsequently, delivered to the Supplier or to his authorized reseller. The delivery of these general terms and conditions duly completed must take place at the Supplier or at one of its authorized resellers.
4. ACCESSORY SERVICES
SESAMO SYSTEM is sold only together with the Accessory Services having the subscription cost indicated in these General Contract Conditions. The Accessory Services include: (i) the monthly SIM card top-up service; (ii) the service for sending emergency SMS to the Recipients of the notices indicated during the emergency call 112; (iii) consultation of system operating data via dedicated APP; (iv) reports of calls made through the Emergency Call Service; (v) system and battery check-up. If the Operator providing the SIM changes its contractual conditions, or rates, the Supplier reserves the right to change, in turn, the contractual conditions and rates relating to the service.
5. METHODS AND LIMITATIONS OF USE
SESAMO SYSTEM is equipped with an emergency call system connected to the single emergency number 112, whose operation has the following limitations: (i) the call takes place via cellular network via an active voice-SIM card placed inside the device in the name of the Supplier; (ii) failure to pay the subscription fee for ancillary services, the cost of which is indicated in these General Conditions of Contract, will result in the deactivation of the SIM and therefore the usability of the service for sending emergency SMS and the impossibility of be called back by the 112 service; (iii) the SIM card is uniquely associated with the Sesamo System Device on which it is installed. If it is installed by the User on another device, it is deactivated and must be replaced at the User’s expense; (iv) an abuse of the service characterized by numerous sending of calls to the number 112 will result in the blocking of the calling number, for this service, carried out directly from 112 and therefore the impossibility for the User to use the emergency call system through the SIM. In the event of blocking by the 112 service, no assistance or replacement of SESAMO SYSTEM by the Supplier is envisaged; (v) the emergency call system allows you to connect to 112 and, after making the call to 112, automatically sends an emergency SMS with a request for help, with preset text, to a maximum of three preset cellular telephone users; (vi) in the case of a call to 112, the number associated with the SIM will be displayed by the 112 service, which can use this number to call back the User after the call has been made. The 112 service may ask the Provider to communicate the data of the User with whom the device is associated. By signing these general terms and conditions, the User expressly authorizes the Supplier to communicate their personal data to 112 for the purposes mentioned above; (vii) the monthly fee for the SIM card provides for the sending of a maximum of 10 SMS / month. Once this limit has been exceeded, the service for sending emergency SMS to selected numbers will not be guaranteed until the following month; (viii) in the event of internal batteries being exhausted (estimated duration 10 years but depending on the context of use) SESAMO SYSTEM will cease to function and no assistance or replacement by the Supplier is foreseen on the same for this event; (ix) in the event of damage to SESAMO SYSTEM, no assistance or replacement by the Supplier is envisaged; (x) SESAMO SYSTEM allows the generation of up to 30 Family Keys. Once this maximum number has been reached, it will be necessary to replace the intelligent peephole; (xi) If SESAMO SYSTEM is not activated, new Family Keys cannot be activated and assistance is requested.
6. SUSPENSION OF ADDITIONAL SERVICES
Failure to pay the monthly fee for the Accessory Services will result in the suspension of the same with the consequent lack of functionality of SESAMO SYSTEM listed in Article 5.
7. RIGHTS ON SESAMO SYSTEM
The exclusive owner of all industrial and intellectual property rights relating to SESAMO SYSTEM is the Supplier.
8. WARRANTIES AND LIABILITY EXEMPTION
SESAMO SYSTEM is a tool that detects if the Visitor is equipped with a Family Key. the Provider does not assure or guarantee regarding the actual identity of the Visitor, nor of the actual intentions of the latter and, consequently, cannot in any case be called to answer for any damage, loss or prejudice suffered by the User following access , or failure of the Visitor to access the home where SESAMO SYSTEM is present. The User is aware that SESAMO SYSTEM represents an aid to verify the identity of the Visitor and that it must be used together with the common rules of prudence. SESAMO SYSTEM is sold accompanied by n. 1 Family Key bi-uniquely associated with the identification device installed at the User’s home. The Family Key included in the package, and any other Keys purchased separately by the User, must be given to trusted people and must not be left unattended and accessible to unauthorized persons. The loss of the Family Key can represent a danger for the safety of the User. In case of loss of one or more Keys, it is therefore advisable to suspend the use of SESAMO SYSTEM and to immediately notify the loss to the Supplier so that the latter can deactivate and replace SESAMO SYSTEM. SESAMO SYSTEM can, therefore, be used safely only after the installation and activation of a new one. It should be noted, in fact, that in the event of loss of one or more Family Keys, other Keys may be requested from the Supplier, the cost of which is borne by the User, but the lost ones cannot be deactivated. Consequently, in order for the lost Family Keys to no longer be positively identified, the SESAMO SYSTEM must be replaced. The replacement cost will be the sole responsibility of the User. It is understood that the Supplier cannot be called to answer for any damage or loss suffered by the User if he continues to use SESAMO SYSTEM without having deactivated and replaced it in case of loss of one or more Family Keys. The Supplier issues a guarantee that SESAMO SYSTEM will function properly for the duration required by law. In the event of malfunctions attributable to manufacturing or design defects of SESAMO SYSTEM, the User must promptly notify the Supplier who will replace it. This warranty does not operate, and the Supplier may refuse to replace the Identification Device, if it is tampered with or has been damaged in a malicious or negligent manner or the malfunction is due to improper use of the same.
The Supplier cannot be held responsible in the event of interruption or suspension of the SESAMO SYSTEM 112 Emergency Call Service due to interruptions or malfunctions of the cellular network, nor does it offer any kind of assistance in this regard.
9. DURATION OF ADDITIONAL SERVICES
The contract for the Accessory Services has a duration of one year from its signing and will be renewed automatically, at each expiration, for the same duration, without prejudice to the right of withdrawal exercisable by each of the parties with six months notice from the annual expiry and its automatic renewals. The withdrawal from the contract for the Accessory Services will make it impossible, in a definitive way, to recharge the SIM card placed inside the device and, therefore, once the credit is over, it will make it impossible to use the SMS sending service. emergency, the consultation of the call report and the battery check-up service, as well as the failure of 112 to display the caller’s number.
10. EXCLUSION FROM THE RIGHT OF WITHDRAWAL FOR PURCHASES OUTSIDE THE COMMERCIAL PREMISES OR ON-LINE
The User, even if he purchases SESAMO SYSTEM, and / or additional Family keys, outside the Supplier’s business premises, or those of one of its resellers, will not be able to exercise the right of withdrawal provided for by Article 52 of the Consumer Code . In fact, at the time of the order, SESAMO SYSTEM and the Family keys are uniquely associated with the User, making them personalized and no longer usable by third parties, a circumstance that involves the application of art. 59 lett. c) Consumer Code and, consequently, the exclusion from the right of withdrawal.
11. PURPOSE OF SESAME SYSTEM
SESAMO SYSTEM is aimed, according to its characteristics and technical specifications, to pursue the purposes specified in these General Terms and Conditions and in the instructions inside the package and shown on the sitewww.sesamosystem.com/supporto . Any other and different use of SESAMO SYSTEM by the User is not guaranteed by the Supplier, as such possible use was not foreseen.
For any dispute relating to this contract, the Court of Genoa will be exclusively competent.