Terms and Conditions
This website www.acquadiparma.com and the related services and content (hereinafter the “Site”) is provided to the users and/or customers (the “Users” or “User”) for the promotion and sale of the consumer goods of Acqua di Parma S.r.l. and for the provision of related services such as the newsletter and contact form (the “Purposes”).
The site is managed by Diana E-Commerce Corporation SRL headquartered at Torreglia (PD) in Via San Daniele no. 137/139, 35038, tax code and VAT no. 05097740285, listed on the Padua Companies Register at number 442830, a company with sole shareholder, share capital €500,000 fully paid (the “Vendor”) with the authorisation of Acqua di Parma S.r.l. headquartered at Via Giovanni Spadolini 7 Building B 20141 Milan, Italy, V.A.T. No. 04215670375.
The access, consultation, registration or any other use of the Site and of the related content and services and the purchase of products offered on the Site (the “Use” or “Using”) are activities governed by these terms and conditions (the “Terms and Conditions of Use”).
Use of the Site assumes knowledge of these Terms and Conditions of Use and requires their full, unconditional acceptance.
You are therefore asked to read these Terms and Conditions of Use carefully, together with the data protection policy and the terms and conditions of sale, before using the Site.
1. USE OF THE SITE
1.1 Use of the Site is only permitted for personal reasons, closely related to the Purposes, which are unrelated in any way to any professional, business, trade and/or commercial activity.
1.2 Use of the Site is only permitted to persons over the age of 18.
1.3 When using the Site, the User agrees not to:
a) disclose any false data or information, any data or information that is inaccurate or relates to any third party, without the express consent of such third party, and not to make any improper use of such data;
b) upload, communicate and/or transmit any material, content, links, files or anything else that:
I. may be obscene, intimidating, offensive, damaging, violent, fraudulent, confidential or illegal in nature;
II. constitutes spam, pyramid or chain communications or other forms of commercial promotional or communications or advertising that is not authorised in writing by the Manager;
III.is technically hazardous or harmful such as computer viruses, malware, codes and other instruments that may damage the computer systems of the Manager or of a third party;
c) interferes with, interrupts, damages, violates and/or tampers with the Site and its normal functioning;
d) infringes the rights of third parties, the Terms and Conditions of Use and the Terms and Conditions of Sale of this site and/or any provision of current law such as Law no. 633 of 22 April 1941 on copyright, and Regulation EU 679/16 (GDPR) and legislative decree no. 196 of 30 June 2003 on data protection.
1.4 The Manager may, at any time, interrupt, suspend and/or revoke the Use of the Site at any time, at its own discretion, without the obligation to give a reason. The User hereby acknowledges and accepts that the Manager shall not under any circumstances be held liable for any interruptions, suspensions and/or revocations of Use of the Site.
2. RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY AND RIGHTS TO DATABASES
2.1 Any rights to the content present in or made available on the Site or related to the same, including but not limited to: text, images, photographs, music, sounds, videos, drawings, logos, graphics, layouts, source codes, software programs, designs, technical solutions and the structure utilised for the Site, databases (hereinafter the “Content”) is owned by the Manager and by the related owners who have direct and/or indirect commercial relations with the Manager, and is protected by national and international laws on intellectual and/or industrial property rights and/or databases.
2.2 With the exception of the temporary reproduction of the Content for activities that have no independent economic purpose and are closely related to the Purposes, the Content may not be modified, reproduced, published, transferred, circulated or otherwise used in any form or in any way without the express written consent of the Manager.
2.3 In any case, it is agreed that the User’s Use of the Site shall not give the User any right whatsoever to any of the Content.
2.4 The User may not carry out any operation that conflicts with the normal management of the Manager’s database and with the databases of the related owners who have direct and/or indirect commercial relations with the Manager or which may cause unjustified harm to them.
2.5 Within the limits of the provisions of the applicable national and international laws on intellectual and industrial property and/or databases, the systematic extraction and/or utilisation of the Content on the Site is strictly prohibited, also by means of data mining, robots or other data mining or acquisition systems. The creation and/or distribution of databases that reproduce all or any part of the Contents of the Site or the related services, is also strictly prohibited without the express written consent of the Manager.
3. MARKS AND DOMAIN NAMES
3.1 The marks, domain names and all the other distinctive marks contained in and/or related to the Site are the exclusive property of the Manager or of the respective owners who have direct and/or indirect commercial relations with the Manager.
3.2 The use of distinctive marks in any form or in any way is strictly prohibited, without the prior written consent of the Manager or of the respective owners.
3.3 In any case, there is a strict prohibition on using the name of the Manager or of persons who have direct and/or indirect commercial relations with the Manager or of their proprietary distinctive marks such as domain names and marks by means of metadata (such as meta tags and keyword tags) without the written consent of the Manager or of the respective owners.
4. LINKS TO OTHER WEBSITES
4.1 The Site may contain hypertext links or links to other websites that may have no connection whatsoever to this Site.
4.2 Such links have only been included by the Manager for the purposes of facilitating the Users’ navigation online, and for their connection to other websites.
4.3 The inclusion of a link does not imply any form of suggestion, sponsorship and/or recommendation by the Manager for the Use of the linked websites, nor does it constitute any type of guarantee as to the content, services or goods offered or sold by such sites.
4.4 The Manager does not check, in any way, the websites linked via these links nor the information, materials or products contained on them and therefore the User hereby acknowledges and accepts that the Manager may not be held liable for the actions, services, products, content or policies on those websites, also in relation to their processing of personal data and their terms of sale.
5. LINKS TO THE SITE
5.1 Hypertext links may be activated to the Site with the written authorisation of the Manager. For this purpose, the Manager should be contacted at the following email address: email@example.com
The Manager may, at any time, object to the activation of links to the Site, also in view of the requester’s previous use of unfair business practices or practices that do not conform to industry standards, or any unfair competition or acts that may have damaged the Manager’s reputation.
5.2 Links such as deep links or deep frames may not be activated to the Site without the written consent of the Manager.
6. USE OF PERSONAL ACCOUNT
6.1 The User shall provide correct, complete details when registering their personal account and shall promptly inform the Manager of any changes to the details supplied.
6.2 Users with personal accounts on the Site shall treat their login credentials in the strictest confidence and shall monitor the regular operativity of their accounts, immediately reporting any use or attempted use of their account by an unauthorised third party.
6.3 The User agrees that he/she is the only person responsible for any action taken on his/her account and for any harmful consequences or prejudice that may be caused to the Manager or to a third party following the use of their personal account in breach of the Terms and Conditions of Use, of the other legal provisions on the Site and/or of the applicable provisions of law, and for the loss or theft of their login credentials.
6.4 The Manager may, at any time, suspend, modify or cancel the personal account of any User who violates the terms and conditions of use or the other legal information on the Site, or the provisions of law also at the discretion of the Manager, without any obligation to give a reason. The User hereby acknowledges and accepts that the Manager shall not under any circumstances be held liable for any suspensions, modifications or deletions of his/her personal account.
7. GUARANTEES AND RESPONSIBILITY FOR USE OF THE SITE
7.1 The Manager provides this Site “as is” without any form of express or implied guarantee for the User.
7.2 The Manager does not provide any guarantee as to the regular functioning of the Site or of any sites related directly or indirectly to it. Within the limits permitted by law, the Manager shall not be liable for any loss or damage resulting from Use of the Site or the sites of third parties connected to it directly or indirectly, including but not limited to: damage to computer systems, damage due to loss of data or business opportunities, damage due to the interruption of economic activity or deriving from any error, delay, omission or inaccuracy on the Site.
7.3 The User hereby acknowledges and accepts that the Manager may not be considered to be in breach of its obligations nor shall it be held liable for any loss or damage caused by the non-functioning or malfunctioning of the hardware or software of the User or of any third party, of telephone lines and/or data lines not managed directly by the Manager, or caused by actions of other Users and/or third parties.
7.4 The User is the only party responsible for the Use of the Site. Within the limits permitted by law, no liability whatsoever shall be attributed to the Manager for any use of the site by the User that may conflict with the provisions of laws in force, with the legal information contained on the Site and/or which may harm any rights of any third party. Within the limits permitted by the applicable laws in force, the User shall indemnify the Manager in respect of any cost or damage, including any legal costs that may be caused by its Use of the Site which violates the provisions of laws in force, the legal information contained on the Site and/or which may harm the rights of a third party.
8.2 With regard to the use of specific services provided at the request of the User, specific information will be provided, and specific consent to the processing of personal data will be required where necessary.
9. IMPORTANT INFORMATION
9.1 The Manager has taken every precaution to prevent the publication on the Site of any content that may describe or represent any scene or situation of physical or psychological violence or is such that, in the Users’ view, it may be considered harmful to civilised beliefs, human rights or dignity in any form or expression. In any case the Manager provides no guarantee that the content of the Site is appropriate or lawful in any other country apart from Italy. However, if the content is considered to be illegal or unacceptable in any of these countries, access to the Site is not recommended and if the User decides to access it anyway, his/her use of the services shall be under his exclusive, personal responsibility.
9.2 Without affecting the contents of the legal information on the Site and the provisions of laws in force, the Manager may – at any time, without any obligation to give notice – amend any of the information, content or other elements of the Site.
9.3 If the Manager and/or any third parties with whom the Manager has direct or indirect commercial relations, delays or fails to exercise any of their rights according to the Terms and Conditions of Use, the other legal information on the Site or the provisions of laws in force, this shall not constitute any waiver of the enforcement of such rights in relation to acts carried out now or in the future.
10. GOVERNING LAW AND RESOLUTION OF DISPUTES
10.1 These terms and conditions of use are governed by Italian law.
10.2 In the event of any dispute between the Manager and the User deriving from the Terms and Conditions of Use, the User may access the European Commission’s online dispute resolution platform at https://webgate.ec.europa.eu/odr.
11. AMENDMENTS TO THE TERMS AND CONDITIONS OF USE
11.1 The Manager may amend all or part of these Terms and Conditions of Use, also in consideration of any changes in the law and/or changes to its own commercial policies. Any changes shall be communicated to the Users on this page of the Site, and shall be binding as soon as they are published on the Site.
11.2 The User shall be bound by the Terms and Conditions of Use in force at the time on which they Use the Site.
12. CUSTOMER SERVICE
12.1 For assistance with the Products, or for more information, suggestions, complaints and/or any other requests, the Customer may contact the Manager’s customer service department at any time using the Contact form or using the following contact details:
- by e-mail: firstname.lastname@example.org;
- by post: DIANA E-COMMERCE CORPORATION SRL, headquartered in Torreglia (PD) Via San Daniele no. 137/139, 35038.