The personal data transmitted by users of the Website www.martinispa.com with online commerce (hereinafter, the “Website”) at the time of filling in forms, orders, questionnaires or requests, or by sending e-mails (hereinafter, the “Personal Data Information”) will be acquired and processed by: Martini S.p.A. (hereinafter,”MartiniSPA”), with registered office in Via Strada Nuova, 22 – Coenzo di Sorbolo (PR) – VAT ID IT01927580348, as owner of the processing of Personal Data Information. The processing of Personal Data Information carried out by MartiniSPA will be subject to Italian law (Legislative Decree No. 196/03). In accordance with the commitment and care that MartiniSPA dedicates to the protection of Personal Data Information, we hereby inform You of the modalities, purposes and scope of communication and diffusion of Your Personal Data Information and Your rights, in accordance with art. 13 of Legislative Decree No. 196/2003.
The activity carried out on www.martinispa.com is regulated by these general conditions, which can be modified at any time by MartiniSPA, effectively from the publication on the Website. MartiniSPA observes the rules on distance contracts referred to in art. 49 and following of Legislative Decree No. 206 of September 06, 2005, as well as that relating to the e-commerce referred to in Legislative Decree No. 70 of April 09, 2003 and its subsequent amendments. MartiniSPA invites the customer to carefully review the conditions below, and to print and/or save them on other durable support accessible to him.
With these General Conditions of Use (hereinafter, “GCU”) is regulated the consultation of what will be included in the Website www.martinispa.com. Consequently, by accessing and consulting the Website www.martinispa.com the User, in any way, agrees to be bound by these GCU. If for any reason the User does not want to accept these general conditions the same will not have to access and consult the Website www.martinispa.com, since the consultation of the same determines the acceptance for facts concluded to these GCU. The company MartiniSPA reserves the right, in any case, to suspend or terminate the User’s access to the Website at any time, without the need for any prior notice, and this in the case in which MartiniSPA’s unquestionable judgement is considered that the GCU are be violated or necessary to do so for security reasons. These GCU do not regulate the provision of services or the sale of products made by third parties that use direct links to the Website www.martinispa.com through banners or through other hyperlinks/links. MartiniSPA in no event may be held responsible for the provision of services promised by third parties or for the execution of e-commerce transactions between the customers of MartiniSPA and third parties.
2. TRADEMARKS AND INTELLECTUAL PROPERTIES
User acknowledges and agrees that the Website contains information that is confidential and protected by the intellectual property law as well as taking note and accepting that the company MartiniSPA is the proprietor of the MartiniSPA brand and of anything else related to it. All intellectual property rights on the Website, including for example the databases, software, drawings and images, and in any case anything else contained in the Website www.martinispa.com, are the exclusive property of MartiniSPA. User will not be able to carry out any kind of activity to violate the right of MartiniSPA on its Trademark and/or Logo, as, for example only: copy, reproduce, publish, modify, create derivative works, or otherwise exploit the Website or any part of its content, including, but not limited to, include or create a link to the Website or any part of the content thereof, and still access or use the Website or any part of its content for commercial purposes or for any other purpose competing with MartiniSPA; as it will not be able to use the Trademarks and/or Logos contained therein. MartiniSPA reserves the right to act in order to obtain compensation for damages in the event of infringement of the Marks and/or in any case of infringement of its intellectual property rights.
3. SUBSCRIPTION TO INFORMATION SERVICES
User may decide to subscribe to the newsletter through the appropriate link placed in the header of the Website, providing explicit authorization to the information for the processing of its data entered on the form at the time of registration. User has the right at any time to disable the information service in order not to receive in future email from MartiniSPA, sending a message to the email address email@example.com or following the deletion link below in all newsletter emails sent by MartiniSPA.
4. SOCIAL MEDIA
User has the opportunity to share on social media some information found on the Website www.martinispa.com, for this procedure You will need to follow the directions and the terms and conditions of each individual social media to which you refer. The User is responsible for posting on any social media content from our Website and MartiniSPA cannot be held responsible for the use of the same once the content has been published on the social media reference.
5. USE OF THE WEBSITE AND USER CONDUCT
User, by accessing the Website www.martinispa.com will have to refrain from integrating behaviours contrary to public and illicit order in general, it will have to use the Website in good faith and according to the general standards of compliance with rules, law and rights of other users; in this sense, the User will not have to integrate behaviours that may, in general, cause damage to the Website and/or to third parties and must be kept from using, in any way, illegal content, of any kind, contrary to public order, defamatory, obscene and in any case of an unconstitutional type or to supplement violations of others’ rights or general rules of conduct, from any point of view. Therefore, it is not possible to publish and/or transmit in any way false information or solicitations of an unauthorized commercial and/or advertising type and in general to integrate illicit conduct also in reference to the software and all that may be directly and/or indirectly, to the use of the Website www.martinispa.com. The User generally undertakes to comply with all national and international rules and procedures relating to the conduct to be kept on-line and the eligible content, including all laws in force relating to the transmission of technical data. At any time and for any reason, MartiniSPA may, at its sole discretion, implement any system that allows the User to discontinue and terminate, without notice, the use of the Website or any service offered on the Website, in the event that the User has held, or MartiniSPA has the fear, that he may hold a conduct in violation of these GCU. MartiniSPA reserves the right to ask the User for damages in case of non-observance of these GCU.
As regards the access and operation of the Website, the User is personally responsible for the provision of the computer and telecommunications means that allow him to access the Website www.martinispa.com, therefore also the relative costs of access are fully charged to the User as well as the necessary equipment to access. User acknowledges and agrees that the use of the Website is at its sole risk and danger. MartiniSPA may not be held liable for any damage that a User may incur as a result of such use. MartiniSPA declines all responsibility for indirect damages, irrespective of the causes, origins and nature of the same, arising from the use and/or failure of use of the Website, and from having lent credit to any information directly or indirectly originating from the Website, including but not limited to, the costs arising from the careless purchase of goods offered on the Website, loss of profits, customers, data or other losses of intangible assets.
7. LIMITATION OF LIABILITY
MartiniSPA does not provide guarantees of any kind, whether expressed or implied, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability and completeness of the information on the Website, including information on the products, accessories or services offered on the Website and/or their suitability for a particular use that the user intends to do. If the User intends to make a complaint against MartiniSPA about the content of the Website and/or the products and/or services offered therein, such complaint shall be made through the use of the email address firstname.lastname@example.org, within and not more than six months after the occurrence of the event from which the claim originates.
The foregoing shall not affect the rights of the User acting as buyer in accordance with the GCS applicable to purchases made on the Website, recognized by the rules of the Italian Consumer Code (Legislative Decree No. 206/2005).
8. GENERAL CLAUSES
MartiniSPA reserves the right to modify and update, at any time and without notice, these GCU. The introduction of changes will be communicated through a notice on the Website. If You do not wish to accept these changes, You must immediately discontinue access to and use of the Website. The continuous access and use of the Website after the introduction of the changes implies tacit acceptance of the changes by the User. In the event that any provision of these general conditions is declared invalid or ineffective because of a legislative change or as a result of a ruling by a judicial authority, the remaining provisions of these general conditions will remain fully valid and effective.
9. APPLICABLE LAW
These GCU are governed by Italian law. Any dispute relating to the existence, interpretation and/or enforcement, suspension of these GCU will be devolved to the jurisdiction of the courts of the place where the User has his or her domicile or residence. For any information, please contact us via the email address email@example.com.