Conditions of use
Version of 03/04/2017
1. Access and Use of the Site
Welcome to the site www.dondup.com of ARCADIA S.r.l. (the “Site”). The Site is owned by ARCADIA S.r.l.. with registered offices in 54, Corso Buenos Aires, 20124 Milano (MI), Italy (“ DONDUP”) and is managed and maintained, as regards its e-commerce section, by Triboo Digitale S.r.l., with registered offices at 336, Viale Sarca, 20126 Milano, Italy, Fiscal Code, VAT no. and Enrolmento no. in the Companies Registry of Milan 02912880966, (“ TD”), and, in respect of the content of its institutional areas, by DONDUP.
We invite You to carefully read these terms and conditions of use of the Site (the “Conditions of Use”), together with the terms and conditions of sale of the DONDUP products through the Site (the "Conditions of Sale") and the privacy notice on your personal data (the “Privacy Notice”) before proceeding to the access and use of the Site.
These Conditions of Use and Privacy Notice apply to all users who access and use the Site. The Conditions of Sale apply to all users who access and purchase the products of DONDUP through the Site. By accessing and using the Site, you confirm your knowledge and acceptance of these Conditions of Use and the Privacy Notice. By purchasing the DONDUP products through the Site, you confirm your knowledge and acceptance of the Conditions of Sale.
If you do not agree to these Conditions of Use and/or Conditions of Sale and/or Privacy Notice, we invite you not to continue accessing and using the Site.
DONDUP and/or TD may from time to time and at their sole discretion, also as a consequence of amendments to applicable laws and/or regulations, vary and/or update the Conditions of Use and/or Conditions of Sale and/or Privacy Notice. Please check the Conditions of Use, Conditions of Sale and Privacy Notice regularly to ensure that you are aware of any variations or amendments made to them. Your use of the Site will be subject to the Conditions of Use, Conditions of Sale and Privacy Notice posted on the Site from time to time and in force at the time of such use.
You may use the Site for personal use and use that is outside commercial, business or professional activities purposes and in accordance with these Conditions of Use. If you are not a consumer, we invite You not use the Site to purchase the products of DONDUP. Without limiting the generality of the foregoing, you may not use or authorize any third party to use the Site for any unlawful purpose and/or in breach of any legislation, regulations and/or the rights of any third party and/or the Conditions of Use, nor store, copy, reproduce, upload, publish, distribute, broadcast, transmit, communicate, make available to the public, modify, adapt, translate, encode, or otherwise use all or part of the Site, including without limitation the content, information, products and services rendered available via the Site (such as all the content of the Site specified at article 2 below), in any form, format or manner, by any means and/or onto any media, including without limitation by means of software and/or computing and/or digital instruments and/or equipment and/or media and/or telecommunications’ services.
Access to the Site is permitted on a temporary basis and DONDUP and/or TD reserve the right to suspend, remove or amend all or part of the Site, including without limitation the content, information, products and services rendered available via the Site, at any time and without notice.
You are responsible for obtaining (at your own cost) all necessary software and/or computing and/or digital instruments and/or equipment and/or telecommunications’ services required to access the Site. In addition, you are responsible for guarding, correctly using and ensuring that no person uses your software and/or computing and/or digital instruments and/or equipment and/or telecommunications’ services to access the Site without your permission. You are also responsible for the guarding and correctly using the data and information You insert and/or provide for the use of the Site, including the credentials that allow You to access reserved areas of the Site.
2. Intellectual Property
You acknowledge and agree that all industrial and/or intellectual property rights and/or rights of economic exploitation in and to all or part of the Site, including without limitation the content, information, products or services rendered available via the Site, are and shall remain solely and exclusively owned and/or otherwise available to DONDUP, for the world and universe and for the full period of protection (including renewals, extensions and, thereafter if permissible, in perpetuity) provided by applicable laws and regulations, in any form, format, manner, by any means and/or onto any media.
Consequently, you acknowledge and agree that the said rights shall cover (i) each and every trademark, logo, title, company name, domain name, sign, product name, whether registered or unregistered, that is contained in the Site, (ii) each and every product of DONDUP and/or design, model, whether registered or unregistered, that is reproduced in the Site (iii) each and every textual, visual, audio, audio-visual content and/or material of the Site, including without limitation graphic designs and layouts, informative and/or editorial content, images, photographs, pictures, music, videos. Finally you acknowledge and agree that nothing contained in these Conditions of Use shall have the effect of transferring, licensing and/or otherwise disposing of said rights to you and/or to any third party. You undertake not to do or omit any act that does not conform to or may otherwise prejudice said rights.
3. Links to other websites
4. Exclusions and limitations of liability
DONDUP and/or TD provide the Site using reasonable skill and care. Nevertheless, the Site is provided on an “as is” basis and in so far as available. DONDUP does and shall not guarantee the availability and/or accessibility of the Site, in whole or in part, in one or more countries or places, nor the accuracy, completeness, reliability, adequacy, non-infringement of rights of any third party, suitability for specific results and/or purposes, of the Site, in whole or in part, including its content, information, products or services. In particular, without limiting the generality of the foregoing, DONDUP and/or TD do not and shall not guarantee in any way that access to the Site will not be interrupted and/or the Site will be exempt from viruses, defects, malfunctions, errors, omissions, loss of transmitted data and/or information and/or the Site's content is adequate and/or appropriate and/or lawful for all its users. If you choose to access to and use the Site, you shall be responsible for respecting applicable laws and regulations. In particular, you undertakes to provide accurate and truthful data and/or information and will be responsible for your own use of data and/or information which is false, incorrect and/or concerns third parties without their consent.
For any assistance and/or if You have any problems in using the Site, please contact the Customer Care, via the specific contact form. A person in charge will be at your disposition for solving said problems, if possible and the same are not caused by your software and/or computing and/or digital equipment and/or instruments and/or telecommunications’ service.
To the maximum extent permitted by applicable laws, DONDUP and/or TD shall not in no event be liable to you and or third parties for any damage deriving from the use of all or part of the Site, including content, information, products or services made available via the Site, such as for example damage deriving from loss and/or corruption of your data and/or your software and/or computing and/or digital instruments and/or equipment and/or telecommunications’ services.
Nothing in these Conditions of Use shall exclude or limit DONDUP and/or TD’s liability for wilful misconduct or gross negligence of DONDUP and/or TD or any other liability that may not be limited or excluded pursuant to applicable laws and regulations.
5. Conditions of Sale and Privacy Notice
We remind You that the Conditions of Sale of the products of DONDUP through the Site, as well as the Privacy Notice on your personal data are available in the Site.
6. Applicable law and jurisdiction
You declare and acknowledge that the Conditions of Use are subject to Italian laws. You declare and acknowledge that any dispute connected with the same and/or your use of the Site shall be submitted to the exclusive jurisdiction and competence of the courts of Fermo, Italy, or, if the dispute is connected with the intellectual property rights herein regulated, the exclusive jurisdiction and competence of the courts of Ancona, Italy.
7. Language of the Conditions of Use
Conditions of Use are published on the Site in Italian version and in English version. In the event of discrepancy between these versions, You agree that the Italian version of Conditions of Use shall prevail.