General Conditions of Use

GENERAL CONDITIONS OF USE

Art. 1 - Scope

1. Access to and use of the Fucine Romane website, accessible via the URL: www.fucineromane.com, (hereinafter the "owner"), are activities governed by these general conditions of use.
2. This site is the property of Clavorà Braulin & Morettini Srls. Registered office: Via Libero Leonardi 120, 00173 Rome (RM), VAT No.: 15858131004, Registered with the REA, number 1618896
3. Access to the site and its use, as well as the purchase of products presented on it, presupposes the reading, knowledge and acceptance of these general conditions of use.

Art. 2 - Changes to the conditions of use

1. The owner may amend or simply update all or part of these general conditions of use. Changes and updates to the general conditions of use shall be notified to users on the Home Page as soon as they are adopted and shall be binding as soon as they are published on the website in this same section. Access to and use of the site presuppose the user's acceptance of these conditions of use.

Art. 3 - Intellectual property

1. The contents present on the site, such as, by way of example but not limited to, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the site, including the menus, web pages, graphics colours, schemes, tools, fonts and design of the site, diagrams, layouts, methods, processes, functions and software that are part of the site are protected by copyright and by any other intellectual property right of the owner or of any third party contracted by the owner. Reproduction, in whole or in part, in any form whatsoever, of the site and its contents is prohibited without the express written consent of the owner.
2. The user is only authorised to view the website and its contents and to use the services available there. The user is also authorised to carry out all those other temporary acts of reproduction, devoid of any economic significance of their own, which are considered transient or incidental, integral and essential part of the same display and use of the Site and its contents and all other operations of navigation on the Site that are performed only for legitimate use of the same.
3. The user is in no way authorised to carry out any reproduction, on any medium, in whole or in part of the site and its contents. Any reproduction must be authorised from time to time by Fucine Romane or, where necessary, by the authors of the individual works contained in the site. Such reproduction operations must in any case be carried out for lawful purposes and in compliance with copyright and other intellectual property rights and those of the authors of the individual works contained in the site.

Art. 4 - Use of the site and user responsibility

1. Access to and use of the site, the display of the web pages, including communication with the owner, the possibility of downloading information on the products and the purchase of the same on the website, constitute activities carried out by the user exclusively for personal purposes unrelated to any commercial, entrepreneurial or professional activity.
2. The user is personally responsible for the use of the website and its contents. In fact, the owner cannot be held responsible for the use of the website and its contents by any of its users that do not comply with the laws in force, except for liability for fraud and gross negligence. In particular, the user will be the one and only person responsible for the communication of information and data that is incorrect, false or relating to third parties, without their consent, as well as for the incorrect use of the same.
3. Any material downloaded or otherwise obtained through the use of the service is at the user's own choice and risk, so any liability for any damage to computer systems or loss of data resulting from downloading operations lies with the user and cannot be attributed to the owner.
4. The owner declines all responsibility for any damage resulting from inaccessibility to the services on the site or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of content, problems related to the network, providers or telephone and/or telematic connections, unauthorised access, alteration of data, failure and/or malfunction of the user's own electronic equipment.
5. Users are responsible for the safekeeping and correct use of their personal information, including credentials that allow access to reserved services, as well as for any damaging consequence or prejudice that may be caused to Fucine Romane or third parties as a result of the incorrect use, loss or theft of such information.
6. The Owner has taken every reasonable precaution to prevent the publication on the website of content and images that may be considered harmful to the decorum, human rights and dignity of persons, in all possible forms and expressions. In any case, if the aforementioned contents are deemed to be detrimental to religious or ethical sensibilities or to decorum, the user concerned is requested to communicate this condition to the owner, who nevertheless warns that any access to the contents deemed to be detrimental or offensive takes place on the part of the user at his sole discretion and under his exclusive and personal responsibility.
7. The Owner has also taken every useful precaution to ensure that all the information on the site is correct, complete and up-to-date, but the Owner does not assume any responsibility towards users for the accuracy and completeness of the content published on the site unless otherwise provided for by law. If a user finds errors or missing updates of the information on the site, he is requested to notify the owner using the email box: info@fucineromane.com.

Art. 5 - Personal account

1. The user will be able to register on the site in order to take advantage of its products and/or services. The user will have an area of the site exclusively dedicated to him/her called "Account" through which he/she will be able to access and check from time to time the status of the services requested.
2. When registering on the site, the user must provide an e-mail address or username (hereinafter the "id") and a strictly personal access password. Both the id and the password may not be used by two or more stations at the same time and the user may not cede or transfer them to third parties, except under his or her full and exclusive responsibility. In this regard, please note that the user will be held liable towards the owner and any third party for any and all actions, transactions and/or facts that have taken place and/or been performed through the use of the id and/or password entered.
3. The user must preserve the confidentiality and secrecy of his id and password and must promptly inform the site of any unauthorised use or loss thereof, by email so that it can suspend the provision of its services with reference to the account.
4. If unauthorised access to the user's account and/or the user has lost his ID and/or password more than three times, the site reserves the right to remove the user's account without the user having any claim against the owner.
5. The owner cannot be held liable in any way, directly or indirectly, in any form or on the basis of any liability scheme, for injury or damage of any kind resulting from or related to the user's failure to comply with the provisions of this article.
6. The owner will be free to block a user's access to its customer area and/or to interrupt the operation of the user's id and/or password if it considers that there has been a substantial breach of these general conditions of use and in particular of the following provisions, or if the user makes unlawful or improper use of the services of the website.
7. The user will also be required not to carry out or allow third parties to carry out the following behaviour (non-exhaustive and constantly updated): 

• the uploading or creation within the customer area of any data or content that is in violation of any law, regulation or third party right (including, among others, trade secrets or personal data of third parties); 
• using the company's services for purposes other than merely accessing them in the manner in which they are provided by the company;
• carry out actions of any kind and/or nature aimed at circumventing, deactivating or interfering in any way with applications related to the security of the site's services or other applications that prevent, limit or restrict the use or copying of any material present on the site;
• use of the site services for any unlawful purpose or in breach of any applicable legislation;
• interfering with or damaging the services and systems of the site or their use by any user, by any means, including by uploading files or otherwise disseminating viruses, adware, spyware, worms or other harmful electronic tools;
• carry out actions aimed at bypassing robots or other measures that the site may use to prevent unauthorised access to its services.

Art. 6 - Exclusion of liability

1. As indicated above, the owner takes the utmost care in maintaining the site and its contents but does not accept any responsibility for the correctness, completeness and timeliness of the data and information provided on the site or on the sites linked to it. Any liability for errors or omissions arising from the use of the data and information on the site must therefore be excluded.
2. The owner disclaims all liability, including the presence of errors, the correction of errors, the responsibility of the server hosting the site; he is also not responsible for the use of the information contained, its correctness and reliability. In no case, including negligence, will the owner be responsible for any direct or indirect damage that may result from the use, or inability to use, the materials on the site.

Art. 7 - Limitations to the provision of the service

1. The owner cannot be held liable for damages resulting from the failure to provide the service due to the incorrect or failed operation of the electronic means of communication for reasons beyond his or her foreseeable control. This includes, but is not limited to, the malfunctioning of servers and other electronic devices, including those not forming an integral part of the Internet network, the malfunctioning of installed software, computer viruses or other harmful and damaging computer components, as well as the actions of hackers or other users with access to the network. The user, therefore, undertakes to indemnify and hold harmless the owner from any liability and/or claim in this regard.

Art. 8 - Links to other sites

1. The site may contain hypertext links to other websites that have no connection with it. The owner does not control or monitor these websites and therefore does not guarantee their content or data management in any way. The user should therefore carefully read the conditions of use of the third party sites visited and their privacy policies, as these conditions of use and privacy policy refer only to this site.

Art.9 - Links in other web pages

1. This site can also be reached through third party sites where there will be a link or banner to access the site.
2. The activation of links on third-party sites to this site is only possible with the prior consent and authorisation of the owner, which may be requested by contacting him at the above-mentioned address, or by writing to the email address: info@fucineromane.com.
3. The activation of unauthorised links will entitle the owner to take action for the immediate deactivation of the illegitimate links and for the possible recognition of the relative commercial practice or unfair competition or action to the detriment of the good name and reputation of the owner, its services and the companies of the same group. The activation of deep hypertext links (such as deep frames or deep links) to the Site or the unauthorised use of meta-tags is in any case prohibited.

Art. 10 - Trademarks

1. All the trademarks and distinctive signs present on the Site, including those relating to individual activities carried out by the owner, are the exclusive property of the owner himself or of the companies he refers to.
2. The owner has the right to make exclusive use of the aforementioned trademarks. Consequently, any use that is not permitted, unauthorised and/or not in accordance with the law is strictly prohibited and entails legal consequences. It is in no way permitted to use these trademarks and any other distinctive sign present on the site to take unfair advantage, even indirectly, of the distinctive character or reputation of the owner's trademarks or in such a way as to prejudice them and their owners.
3. The domain www.fucineromane.com as well as its various declinations and subdomains are the property of the holder. No use, even indirect, is permitted unless specifically authorised in writing by the holder.

Art. 11 - Data processing

1. The user's data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the specific section containing the information pursuant to art. 13 EU Regulation 2016/679 (Privacy Policy). For more information, access the site's privacy policy at the link: https://fucineromane.com/en/pages/informativa-sulla-privacy

Art. 12 - Safeguard clause

1. Should any of the clauses of these general conditions of use be null and void for any reason whatsoever, this shall in no way affect the validity of and compliance with the other provisions contained in these general conditions of use.

Art. 13 - Contacts

1. Any request for information can be sent by email to the following address info@fucineromane.com, and by post to the following address: Via Libero Leonardi 120, 00173 Rome (RM).

Art. 14 - Applicable law and competent court

1. These general conditions of use are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing imperative norm of the country of habitual residence of the purchaser. Consequently, the interpretation, execution and termination of the general conditions of use and sale are subject exclusively to Italian law.
2. Any disputes inherent and/or consequent to the same shall be settled exclusively by the Italian judicial authorities. In particular, if the purchaser is a consumer, any disputes shall be settled by the court of the place of domicile or residence of the purchaser in accordance with the applicable law.

These conditions were drawn up on 09/10/2021.