TERMS OF USE

PREMISE

This website, which can be reached at the URLs www.robertamartini.eu www.robertamartini.it www.robertamartini.de (hereinafter, “Site”), is the exclusive property of BRAND HOLDING SRL, with registered office in Italy - Tax code and VAT number 09153331211 N° REA NA - 1012290

Access, its use, and the relative navigation between its pages automatically attribute the condition of User and entail the full acceptance of these Terms of Use (contractual conditions of use of the Site), as well as of the General Conditions of Sale , of the Privacy Policy , the Cookie Policy and any other note, legal notice, information or disclaimer anywhere published on the Site itself, all of which are considered legally binding for visitors to the Site in accordance with Italian law.

In any case, this Site is not intended for users under the age of 18.

Any User who does not intend to accept one or more of the Terms of Use set out below is invited to immediately terminate their visit to the Site.

The User undertakes to use the Site and any data, information, material available within it exclusively for lawful purposes, in compliance with these Terms of Use, remaining entirely responsible for any liability deriving from illicit use of the contents and/or or the violation of any law.

Art.1 MODIFICATION AND DURATION OF THE TERMS OF USE OF THE SITE.

The content of these Terms of Use may be modified, without notice, at the discretion of BRAND HOLDING SRL. Users are therefore required to constantly review them to always be informed of the conditions applied.

These Terms of Use and any subsequent modifications, published on the Site, will remain in full force for the entire time of use of the same, its contents, materials and/or services by the User.

Even after the cessation of use of the Site, the provisions of these Terms relating to:

  • exclusion and limitation of liability for BRAND HOLDING SRL;
  • law applicable to the contract and its execution;
  • jurisdiction and competent court to hear any disputes.

Art.2 PURPOSE OF THE SITE.

The Site has commercial purposes: through it BRAND HOLDING SRL intends to sell products exclusively to Consumer Customers. The General Conditions of Sale apply to all Customers, except for some provisions applicable exclusively to the Consumer Customer (by "Consumer Customer" we mean a natural person who purchases the products for purposes unrelated to any entrepreneurial or professional activity carried out); it is assumed that the Customer who sends a purchase proposal by entering his VAT number in the area relating to the Customer's personal data is not a "Consumer Customer". Articles 50 to 63 of Legislative Decree no. also apply to Purchase Contracts stipulated by Consumer Customers. 206/2005. BRAND HOLDING SRL therefore has the right not to accept purchase order proposals from Users who are not consumers, as well as any other purchase order proposal that does not comply with the General Conditions of Sale and these Terms of Use .

What is published on the Site does not, in any case, have a periodic nature and therefore does not constitute an "editorial product" pursuant to and for the purposes of Law no. 62/2001.

Art. 3 INTERRUPTION AND SUSPENSION OF THE SITE.

BRAND HOLDING SRL reserves, at any time, the right to interrupt or suspend, temporarily or permanently, access to the site, individual pages, contents or services offered by the same.

The User acknowledges that, for such operations, BRAND HOLDING SRL cannot in any way be held responsible towards the User or towards third parties.

Art. 4 CONTENTS, COPYRIGHT, TRADEMARKS AND DOMAIN NAMES.

The entire Site, including the pages that compose it, the ideas, the graphic design, the contents, the audio/video materials, and more generally any other creativity connected to the Site and the services, with the exception of the trademarks and signs badges that distinguish the products sold on the Site are the property of BRAND HOLDING SRL

Such materials cannot be reproduced, used or represented by the User, nor for illicit purposes and/or expressly prohibited by these Terms of Use, except in the cases and within the limits expressly recognized by BRAND HOLDING SRL or in the cases and limits permitted From law.

The User is granted a non-transferable right to use the Site and/or services, limited to private and non-commercial use.

All trademarks and distinctive signs that distinguish the products sold on the Site are registered trademarks of their respective owners and are used within the Site for the sole purpose of distinguishing, describing and advertising the products on sale. Each owner of registered trademarks has the right to make exclusive use of the trademarks of their respective ownership.

The User is not authorized, unless otherwise determined by BRAND HOLDING SRL or any other owner of registered trademarks published on the Site, to use said trademarks to distinguish products or services even if they are not similar to those of the Site or other trademark owners.

Most of the brands referring to products for sale on the Site are famous brands known to the public and therefore to every User.

Any use of the aforementioned trademarks that does not comply with the law, or in any case is unauthorized, is completely prohibited. Furthermore, the use of these trademarks and any other distinctive sign present on the Site is not permitted in any way to take undue advantage of their distinctive character or reputation, or in such a way as to cause harm to them or their owners.

BRAND HOLDING SRL undertakes to remove, as quickly as possible, contents judged to be illicit, declared as such by order of the Judicial Authority. Furthermore, contents deemed illicit at the sole discretion of BRAND HOLDING SRL, possibly reported by Users, will be removed. In this case, BRAND HOLDING SRL will endeavor to make the appropriate reports to the competent authority.

In the event that BRAND HOLDING SRL were to ascertain, directly or following a report, a violation of the relevant national and/or international legislation, it reserves the right to interrupt access to the Site or to specific contents or materials.

Art. 5 USERS' OBLIGATIONS.

The User undertakes to make diligent use of the Site and the services accessible through it, in full compliance with Italian law, morality and these Terms of Use, as well as the General Conditions of Sale , the Privacy Policy , the Cookie Policy and any other note, legal notice, information or disclaimer anywhere published on the Site itself.

All information provided by the User by any means aimed at obtaining the provision of the services offered by BRAND HOLDING SRL must be truthful and complete. In any case, the User will be solely responsible for any false and/or deficient declarations, false and/or deficient information provided, as well as any damage resulting to BRAND HOLDING SRL or third parties.

Furthermore, the User may not, by way of example and not be limited to: use tools, software or scripts that are harmful to the Site and to the tools used by BRAND HOLDING SRL (and its technicians) during the provision of its services; violate or attempt to alter any aspect of the Site's services; block, overwrite, modify or copy, where this is not necessary for the correct use of the Site's services; reproduce using “robot/crawler” type search technology; publicly disclose and reproduce contents of the Site without prior authorization; alter data and contents of the Site; any action likely to jeopardize the functionality of the BRAND HOLDING SRL infrastructure and the Site; commit or facilitate a crime; cause disturbance to other Users; send unsolicited material, commonly called “spam”; transmit and/or disseminate viruses, trojans, worms, malware, logic bombs, or any other material which is technologically harmful, in breach of confidentiality or privacy or is in any way offensive or obscene; violate the property rights, including industrial and intellectual property, of any person.

Art. 6 CREATION OF THE ACCOUNT

To use some services, the User can create a personal account by registering according to the following procedure:

  • click on “ My account ”, or “ Account ”, or on the stylized user icon, on the menu bar located at the top of any page of the Site;
  • then click on “ Create an account ”;
  • register your account on the Site, filling in the mandatory fields "Name", "Surname", "Email address" and "Password", checking that the latter is correct;
  • accept these Terms of Use and the Privacy Policy ;
  • click on the “Send” button, located at the bottom, to complete the procedure.

The system will automatically send the User an email confirming registration.

When the account creation procedure is successful, the registered User will also be able to have access to their reserved area called " My account ", where the following information services are offered, such as:

  • track your orders;
  • view an order and purchase history;
  • view and change your contact and shipping information;
  • change your login details;
  • request returns of purchased products;
  • view and change any applications within the site and related preferences.

In any case, it is specified that, as indicated in the General Conditions of Sale , it is possible to purchase products on the Site even without registering an account, although it is not possible, in this way, to use the information services described above.

The User is advised that, upon entering any area of ​​the Site via a public computer (for example: Internet point, public library, university classrooms, etc.), he/she must carefully carry out the log-out procedure once the session of use has ended; otherwise, other users of the same device will be able to access the previous account used.

Furthermore, if access is made from a mobile device (for example: smartphone or tablet), through a web browser or an application, it is possible that, based on the settings, the account remains connected; it is therefore suggested to protect mobile devices with a password, and if it is lost or stolen, to use the remote data deletion options (if available) to delete all personal information on the device, finally changing the password of the account registered on the Site.

The Registered User may, at any time and for any reason, request the cancellation of their account by sending an email to customerservice@robertamartini.it ; the User will receive confirmation of the cancellation by e-mail.

The account registration credentials (email address and password) must be used exclusively by the User and cannot be transferred to third parties; the User undertakes to keep them in secrecy, ensure that no one can access them and to immediately inform BRAND HOLDING SRL if he suspects or becomes aware of any undue access or use of them.

Each User can register only one personal account on the Site: it is therefore expressly forbidden to make multiple registrations.

BRAND HOLDING SRL reserves the right to cancel a User's account in the event of violation of these Terms of Use, or in the event that complete, truthful and correct personal data has not been provided, without prejudice to the right to compensation for damage suffered.

As already specified in point 3.1 of these Terms of Use, BRAND HOLDING SRL reserves, at any time, the right to interrupt or suspend, temporarily or permanently, access to the site, individual pages, contents or services offered by the same , especially where safety reasons apply.

Art. 7 LIMITATION OF LIABILITY.

The Site and related services are offered "as is" and without any guarantee of operation.

The User acknowledges that the use of the Site, and the use of the related services, takes place at his/her own exclusive risk. In particular, BRAND HOLDING SRL does not provide any specific guarantee on any expected, desired or obtained results with the use of the Site, and the use of the related services, and declines all responsibility for any claims of the User connected to the use or malfunction of the Site or the services themselves.

Also through its external managers appointed for this purpose, BRAND HOLDING SRL has adopted adequate technical and organizational measures to protect the security and integrity of data relating to services, traffic and electronic communications, in order to avoid risks of dispersion, destruction and loss of data and information, as well as abusive or illicit access to the same data and information.

The User agrees and agrees that BRAND HOLDING SRL cannot be held in default of its obligations, nor liable for delays, malfunctions in the provision of the Site and related services, and for damages, direct or indirect, occurring to the User or third parties, arising from events beyond its reasonable and material control, such as, by way of example but not limited to:

  • failure and/or defective functioning of the services provided by telecommunications operators and/or of equipment and electrical lines, as well as telephone, telematic and/or cyber connections, not managed directly by BRAND HOLDING SRL or by persons for whom it is responsible;
  • malfunction of the terminals or other communication systems used by the User;
  • actions of other users or other subjects accessing the Network;
  • other events deriving from fortuitous circumstances and/or causes of force majeure.

In the event of interruption of the functionality of the Site, BRAND HOLDING SRL undertakes to restore it as quickly as possible.

BRAND HOLDING SRL applies every precaution to prevent the publication on the Site of contents, images, videos, sounds and graphic representations which describe or represent scenes or situations of physical or psychological violence or which may in any way be considered offensive to the dignity of persons, expressive, sexual and religious freedom, civil conditions and human rights.

BRAND HOLDING SRL also does not guarantee that the aforementioned contents are appropriate or lawful in other states outside of Italy. If the User notices the aforementioned cases, he is asked not to access the Site. Despite this, if the User decides to access the Site and use the services offered it will be done exclusively under his responsibility and free choice.

Art. 8 THIRD PARTY WEBSITES AND CONTENTS.

The Site contains links (or links) to websites, contents and materials stored on third-party servers, not monitored or controlled in any way by BRAND HOLDING SRL and, therefore, we decline any type of responsibility for their content, accuracy, functioning , lawfulness, reliability, policies on the processing of personal data, or other policies or information.

The mere possibility of directly accessing such sites, contents and materials directly from the Site does not imply, in itself, approval or sponsorship of the latter and, for these reasons, we will not be liable for any type of loss, damage or cost suffered. by the User or third parties. Furthermore, there is no guarantee that these sites, contents and materials are constantly updated.

By deciding to access third-party sites, contents and materials, the User acknowledges and accepts that these Terms of Use, as well as the General Conditions of Sale , the Privacy Policy , the Cookie Policy and any other note, legal notice, information or disclaimers anywhere posted on the Site are no longer valid on such third party sites, content and materials.

BRAND HOLDING SRL strictly prohibits the use of meta-tags and framing of its pages, i.e. the incorporation of a web page into another site, thus preventing recognition of the authorship of the contents. The publication of links to the Site is, however, permitted exclusively with authorization provided in writing by BRAND HOLDING SRL.

BRAND HOLDING SRL reserves the right to take any type of action to protect its rights and legitimate interests where it suffers, due to the behavior of the User or third parties, any pecuniary or non-pecuniary damage, including, by way of example and not limited to, damages to honor, reputation, image.

Art. 9 PROTECTION OF PERSONAL DATA ON THE SITE.

Users can access the Site and navigate within it without revealing their identity or providing any personal data, except as may be provided for in the Cookie Policy , with the exception of using the sales service of products offered on the Site.

If the User wishes to receive information or contacts from BRAND HOLDING SRL through the specific contact form, he/she will have to provide some personal data by completing it. Before providing personal data, the User is invited to read the Privacy Policy .

The User is asked to refrain from communicating, via the contact form or by e-mail, his/her data belonging to the particular categories referred to in the art. 9 of EU Regulation 2016/679 regarding the protection of personal data (“General Data Protection Regulation” – GDPR).

BRAND HOLDING SRL declares that the processing of the User's personal data, acquired during navigation and use of the services and functions of the Site, will and does take place in full compliance with the obligations established by EU Regulation 2016/679 and Legislative Decree. Legislative Decree 196/2003 (“Code regarding the protection of personal data”), according to the methods and purposes specifically specified in the Privacy Policy , which the User acknowledges and declares to have specifically viewed.

Art. 10 MISSION AND COMMERCIAL POLICY.

The commercial policy of BRAND HOLDING SRL consists in selling products through the Site, and the related services, solely to the final consumer User, i.e. the natural person who acts, on the Site itself, for personal purposes unrelated to his/her commercial, entrepreneurial or professional activity, if applicable. turning point.

If the User is not a final consumer, please do not use the services offered on the Site to purchase products.

In any case, BRAND HOLDING SRL cannot fail to accept purchase order proposals for products from parties who are not final consumers, as well as any other purchase order proposal that does not comply with the General Conditions of Sale and these Terms of use.

Art. 11 APPLICABLE LAW AND DISPUTE RESOLUTION.

These Terms of Use, as well as the General Conditions of Sale , the Privacy Policy , the Cookie Policy and any other note, legal notice, information or disclaimer anywhere published on the Site itself, as well as the relationships between BRAND HOLDING SRL, owner of the Site, and Users are subject to the application of Italian laws.

All disputes that may arise between BRAND HOLDING SRL and Users, connected or otherwise connected to the use of this Site (and related contents, materials and services), as well as these Terms of Use, are reserved to Italian jurisdiction and exclusive territorial jurisdiction of the Court of Naples.

In any case, the User is informed that a specific European platform has been established for the online resolution of consumer disputes (Online Dispute Resolution), accessible at the following address http://ec.europa.eu/odr.

Last modification 10-11-2021