GENERAL TERMS AND CONDITIONS OF USE
Access to and use of the Website are governed by these General Terms and Conditions of Use (hereinafter the ‘General Terms and Conditions’). Access to and use of the Website, and the purchase of products, presuppose the reading, understanding and acceptance of these General Terms and Conditions and the General Terms and Conditions of Sale.
Please do not use our Website if you do not agree, wholly or in part, with the General Terms and Conditions.
Anyone accessing and using the Website implicitly declares that they will not use it for illicit purposes or, in any case, contrary to the laws in force.
The Website is owned by Arcadia Srl (hereinafter theVendor’ or ‘Arcadia’), with registered office in Milan, Corso Buenos Aires 54 - 20124, T (+39) 02 76317357, F (+39) 02 76316622, tax code, VAT number 06710600963 and Milan Business Register number 1910442 email firstname.lastname@example.org - CEM email@example.com which reserves the right to modify or simply update these General Terms and Conditions, wholly or in part. Amendments and updates to the General Terms and Conditions shall be notified to Users on the Website’s Homepage as soon as they are adopted and shall be binding as soon as they are published on the Website in this same section.
Should any provision of these General Terms and Conditions be held unlawful, void or for any reason ineffective, its invalidity or ineffectiveness shall not affect the validity or effectiveness of the remaining provisions.
2. Website Content
Access to and use of the Website, including viewing web pages, communicating with the Vendor, downloading product information and purchasing the same on the Website, constitute activities conducted by our Users exclusively for personal purposes unrelated to any commercial, business or professional activity.
3. Limitation of liability
Accessing the Website, you will be solely and exclusively liable for the use of the Website and its contents. Arcadia shall not be held liable for any use of the Website and its contents by any of its Users contrary to applicable law, without prejudice to Arcadia’s liability for wilful misconduct and gross negligence. In particular, you shall be solely and exclusively liable for the communication of information and data that is incorrect, false or relating to third parties without their consent and for the incorrect use thereof.
Finally, since any material downloaded or obtained through the service will be at the User’s discretion and risk, any liability for any direct or indirect damage to computer systems or loss of data resulting from downloading operations rests with the User and cannot be imputed to Arcadia. Arcadia disclaims all liability for any direct or indirect damage resulting from inaccessibility of the Website’s services or harm caused by viruses, damaged files, errors, omissions, service interruptions, content deletions, network, provider or telephone and/or computer connection problems, unauthorised access, data alteration, failure and/or malfunction of the User’s electronic equipment.
The User is responsible for the safekeeping and proper use of their personal information, including the credentials that allow access to reserved services by creating a personal account on the Website (‘Account’). They will also be responsible for any damaging or prejudicial consequences that Arcadia or third parties may suffer due to the incorrect use, loss or theft of such information.
When creating an Account, the User undertakes to provide true and accurate personal information when registering and to update it regularly. Registered Users must promptly notify the Website of any unauthorised use of their Account credentials. The registered User is responsible for any activity performed through their account and may be held liable for any damages resulting from the misuse of their Account credentials or for any abuse of the services provided by the Website.
5. Intellectual Property Rights
All content, in any format, published on the Website, including the web pages, graphics, colours, diagrams, layouts, methods, processes, functions and software that are part of the Website, are copyright protected and protected by all ARCADIA Srl’s other intellectual property rights and those of other right holders. Reproduction, wholly or in part, in any form whatsoever, of the Website and its contents without the express written consent of ARCADIA Srl is prohibited. ARCADIA Srl has the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, wholly or in part, of the Website and its contents. Regarding the use of the Website, you are only authorised to:
(i) view the website and its contents;
(ii) perform temporary acts of reproduction, without any commercial purpose, which are considered transient or incidental, and an integral and essential part of the display of the website and its contents;
(iii) carry out all other browsing operations on the Website that are performed solely for the legitimate use of the Website and its contents.
Any further reproduction must be authorised from time to time by ARCADIA Srl or, if necessary, by the authors of the individual works contained on the Website. These reproduction operations must be carried out for lawful purposes and in compliance with the copyright and other intellectual property rights of ARCADIA Srl and the authors of the individual works contained in the Website. The authors of individual works published on the Website have, at any time, the right to claim ownership of their works and to object to any distortion, mutilation or other modification of the works, including any act or damage caused to the works, which is detrimental to their honour or reputation. You undertake to respect the copyrights of the artists who have chosen to publish their works on the Website or worked with it to create new expressive and artistic forms intended for publication, even if not exclusively on the Website, or which form an integral part of it. Moreover, except as provided in (i)-(iii) above, you are not authorised to use, in any manner or form, the contents of the Website and any work protected by copyright and any other intellectual property right. For example, you may not modify the contents and protected works without the consent of ARCADIA Srl and, where necessary, of the individual authors of the works published on the Website.
6. Applicable law
These General Terms and Conditions shall be governed by and construed according to the laws of Italy, including but not limited to any dispute concerning the existence, validity and effectiveness of the General Terms and Conditions and any other agreement that refers to them.
If you are a consumer, for the legal relationships governed by these General Terms and Conditions, please refer, in particular, to Italian Legislative Decree no. 206 of 6 September 2005 on the ‘Consumer Code’, as amended and supplemented.
If, on the other hand, the User acts in the exercise of their entrepreneurial, commercial, artisan or professional activity, it is agreed that these General Terms and Conditions and any other agreement referring to them shall be subject to the exclusive jurisdiction of the Court of Milan.
8. Referral clause
For anything not provided in these General Terms and Conditions, please refer to the General Terms and Conditions of Sale, where applicable.