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General conditions of sale of software and equipment produced and / or marketed by ISAC

The following document can be downloaded and printed from this link


1.1. In the context of these Conditions of Sale, the following definitions are provided:

  • Client: subject who requests an offer or places an order for the purchase of ISAC products.
  • Offer: document with which ISAC defines the characteristics, prices and supply conditions of the products offered to the Client following his request and in compliance with his needs.
  • Order: document sent by the Client containing the formal request for the supply of ISAC products.
  • Order confirmation: communication by ISAC of acceptance of the Client's order. This acceptance gives contractual validity to the order itself.
  • Products: set of goods and services provided by ISAC.
  • Goods: hardware and software items made by ISAC and proposed and sold by the Client.
  • Services: any support activity, assistance, installation, maintenance provided by ISAC to its Clients.
  • Hardware: any article or material produced or supplied by ISAC.
  • Software: consists of computer readable instructions, audiovisual content and related license material. It includes the computer software, all copies of the same, the parts of the same, even if connected with other software, the relative supports, the printed material, the user documentation, the electronic and online manuals. It includes, except as explicitly established by subsequent provisions, also updates and improvements relating to the initial version.
  • OEM: Original Equipment Manufacturer, i.e. Customers who use ISAC products for the construction of machinery and equipment intended for other manufacturers or the final consumer.


2.1. Our offers, our products, services and deliveries are governed exclusively by these general conditions of sale. These conditions also apply to all future commercial relations even without express renewal of acceptance of the same. ISAC does not accept conditions that contradict or deviate from these general conditions of sale unless their validity has been accepted in writing.

2.2. In placing an order to ISAC, or in accepting an ISAC proposal, the acceptance and obligation to comply with the general conditions of sale set out below are always implicit, even if they differ from the general and / or particular conditions of purchase by the Client.

2.3. In using the delivered products, the property rights of third parties must be respected.


3.1. ISAC offers are valid for thirty (30) days, unless otherwise expressly indicated, and cancel and replace any previous versions relating to the same goods and / or services.

3.2. All ISAC offers are subject to change and are not binding. ISAC reserves the right to modify the product at any time without any particular notification, maintaining the relevant characteristics. In the event of calculation or printing errors in the offer, ISAC reserves the right to correct such errors.

3.3. The orders of the ISAC Client produce full contractual effect only from the moment of conforming written acceptance by ISAC. An acceptance that does not conform to the proposal is equivalent to a new proposal. The contract will be considered concluded only when the full agreement of the parties on all the elements of the shop has been reached in writing.

3.4. The person who has issued an order remains contractually bound to it in the event that ISAC has executed it.

3.5. Our employees are not authorized to make collateral verbal agreements or to engage in activities that have a content beyond that defined in the written agreement.

3.6. ISAC reserves and unconditionally holds all property and copyright rights on samples, calculations, cost estimates, models, drawings and similar documents, whether physical or not, including those in electronic format. The documents mentioned can be used by the Client only to verify the offer, they must not be made available to third parties and must be immediately returned to ISAC if the order is not completed. The previous provision does not apply if the documents mentioned are publicly available.

3.7. The prices, dimensions and other characteristics described in the catalogs, circulars, advertisements, price lists and on the website are indicative. These data are only binding insofar as they are explicitly recalled in the order accepted in writing by ISAC.


4.1. The delivery period starts from the date of the effective conclusion of the contract pursuant to point 3.3, provided that there has been a complete clarification of the commercial and technical aspects and the fulfillment of the obligations imposed on the Client (such as the sending of documents that the Client must provide, official certifications or approvals), but not, however, before receiving a possible advance payment possibly agreed.

4.2. If the delivery term is reported as peremptory and essential in the contract, this must be considered with a reasonable tolerance in favor of ISAC. Any reasonable delay does not authorize the Client to cancel or reduce the order. In any case, this delay does not authorize the Client even to request reimbursement for direct or indirect damages.

4.3. Unless otherwise agreed between the parties, the day of delivery always means the day on which the goods are shipped or in any case announced by ISAC ready for shipment. In the event that the Customer does not carry out the collection within the first non-holiday day following the notice of goods ready, he must equally make all payments connected with the delivery, as if the material had been delivered.

4.4. If acceptance is requested by the Client, the date of acceptance becomes relevant or, alternatively, the date on which he is notified that the product is ready for acceptance. In the event that the Customer is in default of acceptance, ISAC can assign them in writing a reasonable grace period after which, in vain, ISAC has the right to withdraw from the contract and request to be paid for the services performed and reimbursed for damages. suffered. ISAC may, at its discretion, concretely calculate this damage or request a lump sum equal to 15% of the net invoice value and it will be the Customer's responsibility to provide evidence that ISAC has not suffered any damage or that this is significantly lower than the lump sum requested.

4.5. Partial deliveries are allowed.

4.6. ISAC is not responsible for delays in deliveries and performance caused by force majeure or events that make delivery temporarily considerably more difficult or impossible (in particular official decrees or measures, strikes, lockouts, traffic interruptions, breakdowns, problems in the supply of energy, mobilizations, riots, shortage of raw materials, etc.) even if these events occur at the suppliers and also if the deadlines and periods have been agreed as binding. These events give ISAC the right to postpone the delivery or service for the duration of the same plus a reasonable period from their termination or to withdraw, totally or partially, from the contract for the part of it not yet fulfilled.

4.7. If the events referred to in point 4.6 last more than three (3) months, the Customer has the right to withdraw from the contract for the part thereof not yet fulfilled after a reasonable grace period. The Client undertakes to declare, within a reasonable period, whether he intends to withdraw from the contract due to delay in delivery or whether to wait for the delivery itself.

4.8. In the event the delivery time is extended or if ISAC is released from its obligation to fulfill the contract pursuant to points 4.6 and 4.7, the Customer cannot raise claims for damages if ISAC immediately informed it of the impediment. This also applies if the circumstances referred to in 4.6 occur during a pre-existing delay.

4.9. If ISAC is responsible for the non-compliance with the deadlines agreed as binding or if it is in default, the Client has the right to compensation for delayed completion equal to 0.5% for each full week of delay, but in no case exceeding the total 5% of the invoice value of the supplies and services affected by the delay.

4.10. Claims for damages by the Customer due to delays in deliveries that go beyond the limits set out in point 4.9 must also be excluded in the event of the expiry of a grace period assigned to ISAC for making deliveries. This does not apply in cases of mandatory liability on the basis of willful misconduct, gross negligence or due to injury to life, body or health. The Client can only withdraw from the contract in compliance with the provisions of the law, if ISAC is responsible for the delay in delivery. The aforementioned provisions do not imply a change in the burden of proof to the detriment of the Client.


5.1. Delivery is always and for all purposes considered to have been carried out at the ISAC operational headquarters, where the Customer will arrange for collection at its own expense, unless otherwise stated in the order confirmation.

5.2. In the case of shipment, the goods will be considered delivered to the Client with delivery to the carrier, regardless of whether the "free at destination" clause has been contractually agreed upon by ISAC.

5.3. The risk is considered to have passed to the Client as soon as the delivery has taken place in accordance with points 5.1 and 5.2.

5.4. If an acceptance is required, it will be decisive for the transfer of risk. The transfer of risk occurs immediately on the date of acceptance or, alternatively, after notification by ISAC that the product is ready for acceptance. The Client cannot refuse acceptance in the event of a minimal or insignificant defect.

5.5. If the shipment or acceptance does not occur or if they occur late due to circumstances not attributable to ISAC, the risk passes to the customer from the day of the communication of availability for delivery or acceptance.

5.6. The goods always travel at the Customer's risk and peril; ISAC is not responsible for the loss or loss of goods or damage caused to them during transport. The goods transported, for any reason, by ISAC vehicles are not covered by any insurance policy. The insurance coverage of these risks is always and in any case the responsibility of the Client.

5.7. In case of collection of material at the ISAC plant by the Customer or by a person appointed by him, he is required to check the quantity and weight, as indicated on the delivery note or transport document. After five (5) days from the date of collection, if direct, or from the day of receipt, in case of shipment, no claim is allowed.


6.1. The prices applied are those indicated in the order confirmation or in the contract.

6.2. The prices agreed in the contract or in the order confirmation, unless otherwise specified, are always net of taxes, duties, stamp duty, insurance, shipping, transport, customs fees and any other charges: any costs for these items will always be borne by the Client, to be charged separately if incurred or anticipated by ISAC.


7.1. The Client is reminded that the export of products, information, software and documentation (collectively referred to as products) in accordance with the respective export regulations of the Italian Republic, the European Union and / or the United States of America - for example, due to their nature or purpose or final destination - may be subject to authorization or be excluded and infringements are prosecuted. The Client therefore assumes responsibility that all relevant national or international export regulations are strictly observed and that any necessary authorizations have been obtained. In this regard, the Client undertakes in particular to check and ensure that:

  • if products intended for military purposes or related to armaments, nuclear technology or weapons can only be supplied with the authorization of the respective authorities, in particular national authorities, such authorization is obtained in advance in the event of resale;
  • the relevant resolutions of the United Nations, the community regulations and Italian laws and the lists of the competent Italian authorities are respected;
  • no company or person listed on the United States Department of Commerce Denied Persons List (DPL) is supplied with United States merchandise, software, or technology;
  • no company or person listed on the US Treasury's Special Designated Nationals and Blocked Persons List or the EU's Terrorist List is supplied with any products;
  • the United States Department of Commerce Entity List is observed;
  • no deliveries are made to persons on the United States Department of Commerce Unverified List.

7.2. In case of violation by the Client of the above obligations, he will have to indemnify ISAC on first demand against any recourse and compensate any damage that suppliers, licensees, third parties, authorities or state and / or international organizations claim against ISAC.

7.3. The supplies and services (i.e. the fulfillment of the contract) are provided on the condition that the fulfillment is not impeded by obstacles due to national or international regulations, in particular export control regulations, as well as embargoes or other sanctions. The contracting parties undertake to provide all information and documents necessary for export / transfer / import. Any delays due to export authorization procedures or approval procedures will suspend any deadlines and delivery terms. If the necessary authorizations are not issued, the contract is considered not concluded as far as the interested parties are concerned; claims for damages due to non-compliance with the aforementioned deadline are excluded.


8.1. Payments must be made punctually with value on the due date indicated in the contract or in the sales invoice.

8.2. ISAC expressly reserves the right to refuse checks and bills. There is no guarantee that ISAC will accept the above payment methods. Acceptance may take place against a discount option, and only as payment, where the term of the bills does not exceed three (3) months. The discount and the charges relating to the bill are to be paid by the Client and are to be paid immediately and in cash. The risk of timely submission and dispute are borne by the Client.

8.3. Upon the occurrence of any payment delays, annual interest equal to the reference rate applied by the European Central Bank (ECB) increased by four points will be automatically debited from the date of the agreed due date to that of the actual payment, without the need for default on the part of ISAC, without prejudice to its right to take legal action to obtain compulsory fulfillment, with the consequent debiting of the consequent costs. Further requests are not excluded.

8.4. In the event of non-payment and of well-founded doubts regarding the solvency or creditworthiness of the Client, ISAC has the right - without prejudice to its other rights - to demand collateral or advance payments for pending deliveries and declare any fulfillment deriving from the business relationship as immediately due.

8.5. The credits claimed by ISAC all become immediately due as soon as: the Client fails to fulfill one or more obligations; bills or checks are protested; the Principal suspends payments or is heavily indebted; composition or insolvency proceedings have been opened against his assets or the opening of insolvency proceedings has been rejected due to lack of assets. In the aforementioned cases ISAC reserves the right to withdraw from the contract.


9.1. The products supplied by ISAC comply with current Italian laws; in general, ISAC manufactured products comply with the European directives on CE marking and the ROHS directive (2011/65 / EC).

9.2. The warranty on hardware products, unless otherwise agreed in the contract, has a duration of eighteen (18) and six (6) months for spare parts. These terms run from the date of delivery or from the date on which the transfer of risk occurred.

9.3. During the warranty period, ISAC has the right, at its discretion, to replace or repair, at its headquarters, those parts recognized as defective due to ascertained poor quality of the material and / or workmanship. In this regard, ISAC is obliged to bear all the expenses necessary for the supplementary service; in particular, the costs of travel and transport, labor and material provided that these are not higher as the defective piece is located in a place other than that in which the Customer has its headquarters. In no case does the customer have the right to request compensation for any downtime or reductions in productivity that such updating or replacement activities may cause.

9.4. The delivered product must be checked by the Customer immediately upon delivery to verify the absence of defects and completeness. Defects found there must be notified to ISAC in writing with a detailed description of the defect. If the Customer does not carry out the inspection in good time or does not notify the defect, the object of the supply is considered accepted unless this was evident during the inspection. Obvious defects must be reported to ISAC immediately in writing, at the latest within the working week following delivery, otherwise the warranty rights relating to such defects will be forfeited. Defects discovered later must be reported immediately upon discovery, otherwise the delivered item will be considered accepted even in the face of these defects.

9.5. The software products developed by ISAC as part of the execution of specific contracts have a guarantee of twelve (12) months from the date of delivery or from that in which the transfer of risk occurred. An acceptance is always requested from the Client certifying the proper functioning of the supply software. In the absence of specific contractual clauses on the methods of acceptance, the software product will be considered tacitly accepted after sixty (60) days from delivery.

9.6. All costs for shipping, installation, removal (operations to be carried out in agreement with ISAC) remain the responsibility of the Customer. Any expenses, professional services or charges for interventions in the installation site of the ISAC product for the possible setting up and testing of the software or hardware changes made by us during the warranty period and not feasible at the our laboratories. The costs for ISAC personnel interventions at the user for functional checks or for repair of equipment outside the ISAC headquarters, as well as testing and commissioning in the field, are regulated by the relative price list or are specifically agreed between the parties.

9.7. The effects of the guarantee are strictly limited to the right of the Purchaser to obtain free execution, by ISAC or by technicians authorized by the same, of the repair or replacement operations that prove necessary to eliminate obvious anomalies (operations to be carried out at its laboratories in Cascina (PI)); therefore, modifications for purposes other than the resolution of malfunctions, such as improvements, evolutions or adaptations, are excluded.

9.8. The Purchaser Customer loses the right to the guarantee:

  • if he has tampered with the equipment supplied;
  • if he has had interventions carried out on the same equipment by third party technicians not authorized by ISAC;
  • if any changes have been made to the software without ISAC's explicit permission;
  • if software products that are incompatible or potentially in conflict with the ISAC software are installed on the hardware structure produced or indicated by ISAC;
  • if tampering or alterations of the software product are found due to incorrect or improper use of the software itself;
  • in the event that the damage is caused by the action of computer viruses;
  • if the malfunction derives from improper installation, from inappropriate use or from damage in any case caused to the equipment after delivery;
  • if in the programmable parts it has used variables, functions or components not explicitly declared usable in the programming manuals, or if it has used them improperly;
  • if you have used the hardware or software components in a different way than stated in the user manuals.

9.9. Claims for defects are not permitted in the event of insignificant deviations from the agreed quality and in the event of slight reductions in the usability of the delivery item.

9.10. The Customer waives the right to obtain compensation for damage caused by any malfunctions of the equipment and / or any unavailability of the equipment for the time necessary for its repair.

9.11. If the intervention aimed at removing the defect fails, the Customer may withdraw from the contract after a reasonable period. In the event of a minimum defect, the Customer's right to withdraw from the contract is excluded, and he will only be entitled to a reduction in the contracted price not exceeding 20%. In any other case, the Customer's right to obtain price reductions is excluded.

9.12. ISAC takes care to carefully test and test its software and as a guarantee of this ISAC has established and maintains a certified quality system according to the UNI EN ISO 9001 standards. latent errors may remain. That said, any contractual and extra-contractual liability of ISAC is excluded for any direct or indirect damage caused to the Client or anyone else, by failure or incorrect operation of the software.

9.13. During the warranty period, ISAC undertakes to resolve the malfunctions of its software and hardware as quickly as possible, taking into account the technical and organizational times deemed necessary by ISAC itself. ISAC also undertakes to deal with the resolution of malfunctions according to the severity and harmfulness of the same; an action may be temporarily suggested to circumvent or limit the undesirable effects; if the malfunction is not serious, ISAC reserves the right to agree with the Client on the possible postponement of the solution to the issue of a new software version. ISAC reserves the right to carry out diagnoses, installation of new versions, corrections and anything else deemed necessary for the solution of malfunctions, using telematic means and tools for those products equipped with "remote assistance" functionality.


10.1. Without prejudice to the following provisions, ISAC must be held liable for damages - regardless of their legal basis - only for intentional or negligent breach of obligations by itself, its legal representatives or its agents.

10.2. In case of slight negligence of fundamental obligations, ISAC's liability is limited to the extent to the typical contractual damages foreseeable in the normal course of events. Fundamental obligations are those obligations whose fulfillment effectively allows the due and correct fulfillment of the contract and on whose observance the contractual partner can normally count. ISAC is not liable in the event of violations of obligations due to slight negligence such as delay or impossibility or for slightly negligent violation of protection duties. Further claims by the Client that go beyond the aforementioned limits are excluded. These provisions apply to all damages caused by breaches of contractual duties and defects, including production losses, loss of profits or other indirect damages.

10.3. The above exclusions and limitations of liability do not apply in cases of fraudulent concealment of defects.


11.1. The Client acquires ownership of the products delivered to him by ISAC only after full payment of the price has been made. In the event that the legislative regulations of the country of destination of the product provide for particular requirements for the opposition to third parties of the retention of title in favor of ISAC, the Client is required to notify ISAC of this, providing it with the executive procedural details of such obligations. .

11.2. The software products developed by ISAC as part of the execution of specific contracts will be provided only in executable form on the computers and operating systems provided for in the contract. The source format and any other intellectual property rights remain the sole property of ISAC, unless otherwise indicated. It is therefore forbidden to reproduce or copy software of any kind, produced and / or marketed by ISAC, unless otherwise indicated.

11.3. The Client acquires the right to use the ISAC software or in any case an integral part of the ISAC products. If the software is an integral part of an appliance, the right to use is linked to its use on the appliance for which it is intended. In the case of a software product, its use is governed by an OEM user license agreement. For no reason the Customer has the right to ownership of the software, unless explicitly stated.


12.1. The Client undertakes not to communicate or disclose to third parties any information that he has received from ISAC, that has been confided to him by ISAC for the duration of the business relationship or that has been disclosed to him in any other way, without the prior written authorization of ISAC. In this regard, the Client undertakes to ensure that its employees and third parties who have obtained such information during the course of the contract maintain the same degree of confidentiality.

12.2. The obligation of secrecy referred to in the previous point does not exist in the event that the content of the information:

  • is or becomes accessible to the public without the assistance of the Principal, or
  • is already known to the Client or is communicated to it by a third party who has full right to its transmission, or
  • it is developed by the Client without the contribution of ISAC and without the use of other information or knowledge acquired as a result of the contractual relationship.

12.3. The Client may disclose the confidential information received from ISAC, if forced to do so in compliance with a legitimate order of any authority or if required by mandatory legal provisions, provided that he immediately and in advance written notice to ISAC so that the latter can request the most appropriate judicial measures to protect their interests. The Client must make every reasonable effort to ensure that confidential information is kept as such and that it is marked as "confidential".

12.4. The obligation of secrecy remains even after the conclusion of commercial relations.


13.1. The contracting parties are required to process the personal data of the respective counterpart pursuant to Legislative Decree 196/2003.


14.1. When the Customer purchases the ISAC software on a permanent basis, he is granted the non-exclusive and unlimited right in the time of use of the same according to the contractual agreements.

14.2. If ISAC supplies its products to the Client for a limited period of time, the latter is granted the non-exclusive right limited in the time of use of the software according to the contractual agreements.

14.3. As regards the remuneration for the use of the software and any maintenance contracts, the parties conclude a separate license agreement. The Client undertakes to ensure that anyone who uses the ISAC software observes this license agreement.

14.4. The Client may use the software on only one computer at a time. We talk about "use" of software when it is in the main memory or storage medium of a computer. Software that is installed on a network server for the sole purpose of distributing it should be regarded as unused.

14.5. Charges charged by ISAC are based on frequency of use (for example, number of users), resources (for example, processor size), or a combination of both. If access to a software is controlled by a licensing program, copies can be created and stored on all machines that are under the control of that licensing program, but usage cannot exceed the number total number of eligible users or resources.

14.6. The Client can make backups according to the rules of the technology and create backup copies of the software that are necessary for this purpose. If the manual is on a data carrier it can be printed on paper. The Client cannot modify or remove the ISAC copyright notices. The Client does not have the right to use, copy, process or transfer the software in a way other than that described therein or convert it into another form of expression or translate it in any other way if this conversion is not necessarily provided for by the express provisions of the law. . He has no right to rent or lease the software or assign sub-licenses unless agreed individually and separately.

14.7. With the expiration of a right of use limited in time or following cancellation or revocation, all rights to use the software expire, including any copies and written documentation on advertising material that the Client has received from ISAC. The Client must delete all software saved on its computer systems unless a longer storage is required by law. The other collateral obligations of the Client towards ISAC deriving from the contract continue to exist beyond any cancellation or termination of the contract itself.

14.8. For each case of violation of the obligations governed by this paragraph 14, the Client must pay ISAC a penalty equal to 10 % of the total value of the contract and, in any case, for a minimum amount of 5,000.00 euros. The Client, however, has the right to provide proof that ISAC has not suffered any damage or considerably less damage.

14.9. ISAC allows the OEM Client to include its non-confidential technical documentation as an integral part of the manuals for the end user, provided that:

  • the documents are not modified, or inserted only in part;
  • any logos or declarations of intellectual property of ISAC are left;
  • it is explicitly stated that the documentation is the property of ISAC.

Full translation into languages not directly supported by ISAC is allowed as long as the above points are respected.


15.1. When ISAC provides the contractual services on the basis of the Client's descriptions, plans, drawings, instructions or other documents or through objects received from the Client, the Client must guarantee that with the execution of the order no third party rights, in particular property rights industrial or copyright (hereinafter: property rights) is violated, directly or indirectly. ISAC is not obliged to carry out an examination aimed at verifying the existence of conflicting rights of third parties. ISAC, however. must inform the Client of any rights of third parties of which he becomes aware.

15.2. The Client, always on first request, must compensate ISAC in the cases referred to in paragraph 15.1 against any third party claims and repair any damage caused to ISAC.

15.3. In the event that a third party asserts a right against ISAC as indicated in point 15.1 with reference to a property right, a right of use or an accessory copyright, ISAC has the right to withdraw from the order for services or deliveries not yet carried out and to be reimbursed for current costs incurred without examining the legal situation.

15.4. Documents, objects and the like provided to ISAC that did not lead to an order will be returned on request against reimbursement of expenses. Otherwise ISAC has the right to destroy them after three (3) months from the presentation of the offer.

15.5. In the event that a third party makes legitimate claims against the Client due to the violation of property rights with products returned by ISAC, it will be liable towards the Client as follows within the term established pursuant to point 9.2:

to. ISAC, at its discretion and at its own expense, may obtain a right of use for the corresponding products, modify them so that the property right is not violated, or replace them. If this is not possible for ISAC under adequate conditions, the Client will have the right to withdraw or to obtain a reduction of the contract.

b. ISAC's obligation to pay damages is governed by paragraphs 9 or 10.

c. The Client must immediately inform ISAC in writing about the rights advanced by third parties and ISAC reserves the right to implement all defensive measures and negotiations for conciliation. If the Customer interrupts the use of the product, in order to reduce the damage or for other important reasons, he will be required to report to the third party that no acknowledgment of the alleged infringement of property rights can be inferred from the fact that the use was interrupted.

15.6. Any claims by the Client are excluded insofar as he is responsible for the violation of property rights.

15.7. In the event of a violation of property rights, the provisions of paragraph 9.3 shall apply by analogy to the claims of the Customer regulated in paragraph 15.5a).

15.8. In all other cases of lack of rights, the provisions of paragraph 9 apply.

15.9. Any further claims of the Client against ISAC regarding the lack of rights with respect to those governed in this paragraph 15 are excluded.


16.1. ISAC has the right to transfer the order or parts thereof to third parties without the prior written consent of the Client. ISAC is responsible for the actions of third parties.


17.1. The negotiation languages are Italian or English. All correspondence and any other documents must be written in Italian or English.
If the parties use another language, the Italian or the English version prevail and, between the two, Italian.


18.1. The contract and the commercial relationship inherent to it will remain governed by the Italian laws.

18.2. For any controversy or dispute that should arise between the parties, the Court of Pisa - Italy will have exclusive jurisdiction.


19.1. In the event that one or more clauses of the above general conditions of sale are considered or become invalid or invalid or null, even due to supervening legal provisions, this will not result in the invalidity and ineffectiveness of the others provided above. Invalid provisions will be replaced by provisions that are as close as possible in purpose to the ineffective ones.

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