GENERAL CONDITIONS OF USE
This agreement contains the general contractual conditions (hereinafter the “General Conditions of Use”) for the use of the www.luisaboutique.com website, the official online store of Gambalunga Srl (hereinafter the “Site”), and for the services made available by the Site. The Site is managed and maintained by Gambalunga Srl, with registered office at 26 Corso d’Augusto, Rimini, Tax Code and VAT number 02629640406, a company registered with the Rimini Chamber of Commerce, Industry, Trades and Agriculture with the Rimini Economic and Administrative Register No. 274628 of the Companies Register (hereinafter “Gambalunga”).
Access to the Site and use of the same are activities governed by these General Conditions of Use, of which the user, who declares that he/she is over 18 years of age, is aware and approves by the act of navigation itself. If instead the user is not over 18 years of age and/or does not accept the General Conditions of Use either totally or partially, he/she must immediately stop navigating and using the Site. Similarly, purchases of Products as defined in the General Sales Conditions are governed by the same, and assume that they have been read and approved.
Luisa Rimini may totally or partly modify or simply update these General Conditions of Use. Users will be notified of modifications and updates on the Homepage of the Site as soon as they are made, and will be binding when they have been published on the Site in this section.
2. GUARANTEE EXCLUSIONS AND LIMITATION OF LIABILITY
Luisa Rimini informs you that access to the Site and the use of the same, including the viewing of webpages, communications with Luisa Rimini, the download of information about Products and the purchase of the same on the Site, constitute activities engaged in by the user solely for personal purposes, extraneous to all and any kinds of business, entrepreneurial and professional activities. It is expressly prohibited to use any part or section of the Site and the materials present on the Site for all direct and indirect commercial and advertising activities of any kind whatsoever. Users committing fraudulent or illegal actions will be prosecuted.
Users are the sole parties responsible for the use of the Site and of its contents. Luisa Rimini may not in fact in any way whatsoever be considered to be responsible for the use of the Site and of its contents by users in ways that do not comply with applicable law, except for the liability of Luisa Rimini for wilful misconduct or negligence. In particular, users will by the sole parties responsible for the communication of any false or incomplete information or data, and also for any improper use of the same. Furthermore, users will always be responsible for the processing of the personal data of third parties and for obtaining their consent for any such processing if required by law.
Despite the commitment of Luisa Rimini to take all reasonably necessary measures to guarantee that the Site and its contents will be free from viruses and defects, Luisa Rimini is unable to guarantee that the computers of users and their hardware and software components will not be damaged, corrupted, lost or in any other way be affected as a result of accessing or using the Site and any of its contents. Luisa Rimini declines all liability for any damage caused by the inaccessibility of the services present on the Site and for any damage caused by viruses, damaged files, errors, omissions, service interruptions, cancellations of contents, problems linked associated with the network, providers or telephone and/or telematics connections, unauthorized accesses, alterations of data or the failure to function and/or defective functioning of electronic devices of users. It is the responsibility of users to use an antivirus software for preliminary checks on any software or other materials that the same may download from the Site, and also the check the compatibility of any such software or materials with their own devices.
Users are responsible for the safekeeping and correct use of their personal information, including the credentials that permit access to reserved services, and also for all negative consequences that may affect Luisa Rimini or third parties as a result of the incorrect use, loss or theft of this information.
4. INTELLECTUAL PROPERTY RIGHTS
Users acknowledge that all contents in any format whatsoever published on the Site, including the webpages, artwork, colours, graphics, tools, characters and design of the Site, and the diagrams, layouts, methods, processes, functions and software that are part of the Site, are protected by copyright and by all other intellectual property rights of which Luisa Rimini is the proprietor, or that are included therein with the permission of the respective proprietors. It is prohibited to totally or partly reproduce the Site and its contents in any form whatsoever unless prior written consent thereto is given by Luisa Rimini or by the respective proprietors. Luisa Rimini has the right to authorize or prohibit the direct or indirect reproduction of the Site and its contents, either temporarily or permanently, or totally or partially, and in any way or form whatsoever.
With regard to use of the Site, users are authorized solely for the following:
(i) to view the Site and its contents;
(ii) to perform all other actions of temporary reproduction of no economic significance for the user that are considered to be transitory or accessorial, and an integral and essential part of said viewing of the Site and its contents;
(iii) all other operations of navigation on the Site that are performed solely for the legitimate use of the same and of its contents.
5. LINKS WITH OTHER WEBSITES
The Site may contain links to websites operated by third parties. Luisa Rimini does not check, is not responsible and can accept no liability for the accuracy, security or reliability of third-party sites, or for the contents, advertising messages, products or other materials present or available on these sites. Furthermore, Luisa Rimini cannot be held responsible for the rules adopted by third-party sites with regard to the privacy of users and the processing of their personal data during navigation operations. Users must therefore consult the conditions of use and privacy rules adopted by third parties when they visit third-party site using the links present on the Site. The Site provides links to other websites for the sole purpose of assisting users with their search and navigation operations and to facilitate Internet links towards other websites. The presence of links on the Site to third-party sites does not imply any kind or recommendation or sponsorship of these websites by Luisa Rimini.
6. INFORMATION, COMMUNICATIONS AND COMPLAINTS
For all information, requests, communications or complaints regarding the Site, users are invited to contact us as follows:
Gambalunga Srl, 165 Corso d’Augusto, Stair A, 1st Floor, 47921 Rimini, Italy.
For complaints write to firstname.lastname@example.org
For other information write to email@example.com
7. APPLICABLE LAW AND COMPETENT COURT
These General Conditions of Use are governed by Italian law.
Should a court with jurisdictional competence rule any provision of these General Conditions of Use to be totally or partially invalid or inapplicable, users accept that all other provisions of these General Conditions of Use will remain in full effect, and that the provision ruled to be totally or partially invalid or inapplicable will remain applicable within the limits permitted by law. The civil courts of Rimini shall have exclusive competence for all disputes regarding the interpretation and application of these General Conditions of Use with parties other than “consumers”, as defined by Italian Legislative Decree 206/2005 (“Consumer Code”).