GENERAL TERMS AND CONDITIONS OF USE
(version 1.0 effective from [●] 2023)
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING WWW.NAJOLEARIBEAUTY.COM ("WEBSITE") AND/OR USING ITS FUNCTIONS. ACCESSING THE WEBSITE NECESSARILY IMPLIES FULL ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT INTEND TO ACCEPT THEM, PLEASE DO NOT ENTER THE WEBSITE.
1. INTRODUCTION
1.1 The Website is owned by Euroitalia S.r.l., having its registered office in Via Pennati 17, 20900 Monza, Italy, VAT no. 00788550960, tax code no. 04719670152 (“Euroitalia”).
These General Terms and Conditions of Use (the "Terms and Conditions of Use") govern users’ ("Users") browsing and use of the services available on the Website.
1.2 Connecting to this Website, accessing it and in any event taking any action involving browsing its pages imply the User’s full and unreserved acceptance of all the provisions of these Terms and Conditions of Use.
1.3 These Terms and Conditions may be wholly or partially amended and/or updated over time and without prior notice, it being understood that (i) such amendments shall be effective as of the date of their publication on this Website, as stated in the heading of the Terms and Conditions of Use, and that (ii) such amendments shall apply only to access and/or use of the Website after the aforesaid date of publication.
1.4 Use of and browsing the Website after the date of publication of these changes implies acceptance of the Terms and Conditions of Use as amended.
1.5 Users are therefore invited to regularly access this section to check the publication of the most recent and up-to-date Terms and Conditions for the Website.
1.6 By registering on the Website and creating a personal account (the "Customer Account" or "User Account"), or by purchasing products, as well as by browsing the Website and using its services, the User declares to have read and expressly accepted these Terms and Conditions of Use.
2. BROWSING - WEBSITE REGISTRATION
2.1 Browsing the Website is free of charge. The User may freely browse and interact on the Site without registering and creating a personal account. In any event, the User may be asked from time to time for specific consents for the processing of their personal data and/or for the use of cookies or other similar devices by Euroitalia.
2.2 The creation of a Customer Account is free of charge. To create a Customer Account by registering on the Website, the User must fill in a specific registration form, entering the data requested therein, and complete the procedure by clicking on the "Register" button ("Registered User").
2.4 Among other things, the creation of a User Account and the request to register on the Website allows the User to do the following: (i) save and modify their personal data; (ii) access all pre-contractual information; (iii) manage and update their data at any time; (iv) make use of any dedicated services, such as specific promotions related to the loyalty programme.
2.5 By registering on the Website, the User agrees to provide true, accurate, current and complete information about themself where requested by the registration forms (the "Registration Data") and to maintain and promptly update the Registration Data to ensure that they are true, accurate, current and complete.
2.6 The Registered User (i) will provide a password and an email address, (ii) will receive email confirmation of the account’s creation upon completion of the registration process, and (iii) must maintain the confidentiality of their registration credentials for the Website, agreeing to be solely responsible for all activities carried out using such credentials to the extent permitted by law.
To this end, the Registered User agrees to store the registration credentials (email address and password) with extreme care and attention. These authentication credentials are strictly personal and may not be passed on to third parties. The User agrees to keep them secret and to ensure that no third party has access to them, and also agrees to immediately inform Euroitalia in the event of loss, theft or improper use of the Website authentication credentials, contacting it at the aforementioned addresses.
2.7 A Guest User ("Guest User") is: (i) a User who browses the site and/or places a purchase order without first creating a User Account; Unless expressly waived, all provisions of these General Terms and Conditions of Use apply to the Guest User. To register, the Guest User must create a personal account on the registration page. Note that if a user completes an order without having previously created a personal account and/or despite having a personal account completes the order without having first logged into that account, the purchase will be deemed to be of a "Guest User" and will therefore not be associated with any personal account.
2.8 The User agrees to hold Euroitalia harmless and indemnified against any damage, cost, expense, indemnification obligation and/or sanction arising from and/or in any way connected with the User's breach of the rules concerning the registration with the Website and/or the storage of the registration credentials referred to in these Terms and Conditions of Use.
2.9 It is hereby clarified that unless otherwise specified the use of the term and reference to "User(s)" in these Terms and Conditions of Use means both Registered User and Guest User.
3. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
3.1 Users of the Website are advised that all content published or made available through the Website in the form of text, articles, photographs, drawings, animated sequences, audio or video recordings, icon buttons, charts and tables, graphic representations, as well as trademarks, logos, other distinctive marks (including the Website's domain name) in whatever form, colour or size represented on the Website are the property of Euroitalia and/or its assignees and/or their respective lawful owners and licensees and are protected by applicable laws, national and otherwise, in particular with regard to industrial and/or intellectual property rights.
3.2 Software of any kind used on the Website and/or for its operation is protected by copyright, and any use thereof without prior written agreement with the owner and holder of the exclusive rights of use is prohibited.
3.3 The contents of the Website and information about the “Naj Oleari” brand and related cosmetic products may only be used for personal and non-commercial use, unless otherwise agreed.
3.4 Specifically, within the limits envisaged by law, any copying, use, extraction, reproduction, representation, adaptation, modification, incorporation, translation, commercialisation, partial or total publication – in any way or form using any medium, channel or medium (paper, computer, online) – of one or more of the aforementioned contents and elements are prohibited without the prior written authorisation of the respective legitimate owners.
3.5 Lastly, the contents of the Website may not be used for commercial purposes to set up databases of any kind whatsoever, nor may they be stored (in whole or in part) in pre-existing databases, whether accessible exclusively by the creator or made available to third parties.
4. PERSONAL DATA
Any personal information or personal data in general that may be provided by the User will be processed for the purposes and in the manner detailed in the Privacy Policy, which contains information on the processing of personal data pursuant to Regulation EU 2016/679, the General Data Protection Regulation.
5. COOKIES
5.1 A cookie is a short text sent by the Website to the User's browser that is then stored on the User's personal computer or other device.
The purpose of the cookie is to record data relating to the User's browsing on the Website and to propose personalised information enabling the Website manager's server to identify the User.
5.2 For more information on the Website's use of cookies, carefully read the Cookie Policy available on this Website.
6. LINKS TO OTHER WEBSITES
6.1 Links to third-party sites may also be included on the Website. Hypertext links have the sole function of facilitating the User's browsing without there being any relationship between the content of the Website and that of the third-party site reached, which remains outside Euroitalia’s sphere of action.
Furthermore, Euroitalia informs you that it cannot in any way influence the structure of the third-party websites linked to its own nor have any knowledge of the truthfulness, correctness or adequacy of the materials and/or information contained therein, even if there are business relations between Euroitalia and the third-party owner of the website linked to.
6.2 Creating a link to this Website requires prior written authorisation by Euroitalia. Without such prior written authorisation it is in no way permitted to create links to the home page of the Website or to internal and/or ancillary pages thereof to create a so-called “deep link”, nor to embed frames of the Website’s content within another site.
6.3 Any violation of the preceding paragraphs constitutes conduct that is also punishable as unfair competition under the relevant provisions of Italian law.
7. NEWSLETTER
7.1 The "Naj Oleari Beauty" newsletter is free of charge and can be activated by any User by simply entering their email address in the registration forms on the Website.
The newsletter will contain beauty and cosmetics tips and information about “Naj Oleari” brand cosmetic products.
7.2 The frequency with which the newsletter is sent is decided by Euroitalia. Euroitalia therefore reserves the right at any time to make changes to the frequency with which the newsletter is sent and/or to interrupt the service forever or on certain days and/or times of the year, such as for example holidays or the summer months.
7.3 A User who has subscribed to the service may deactivate it at any time by following the instructions given at the bottom of the email containing the newsletter.
8. SECURITY
8.1 The User agrees to use this Website in accordance with these Terms and Conditions of Use and the law as applicable from time to time without making any changes to it that may cause damage of any kind that may have any impact on the operation of the Website or any server or service connected thereto.
8.2 Users are in no way authorised to use the Website in such a way as to damage, block, burden or in any case even potentially impair the servers the Website is hosted on or the networks connected thereto.
8.3 When using the Website or any server or service accessible through it, the User agrees to:
Comply with current applicable national, EU and international laws and/or regulations, as well as the rights of third parties.
Not harm the reputation of Euroitalia or other Users for any reason or in any form whatsoever.
8.4 The User shall be solely liable for any damage resulting from a breach of the provisions set out in these Terms and Conditions of Use and agrees to indemnify and hold Euroitalia harmless against any damage, loss, liability or cost (including legal costs relating to any actions taken by third parties against the latter) arising out of or resulting from such breach, in particular those resulting in an infringement of personal rights, an intellectual and/or industrial property right, public order, public decency or criminal provisions of current national and/or international laws.
9. LIMITATION OF LIABILITY
9.1 In view of the nature and intrinsic characteristics of the internet, it is not possible to guarantee the uninterrupted operation of the Website and/or the services available thereon or the absence of errors, nor can any guarantee be given as to the consequences that may arise from the use of the Website and/or the services or as to the accuracy or reliability of the content and information provided through the Website.
9.2 The Website is made available as is. Its functionality is subject to the proper use thereof by the User in accordance with these Terms and Conditions of Use.
9.3 Unless otherwise envisaged by applicable law, Euroitalia shall not be liable for any direct, consequential, incidental, indirect or any other damages of any kind, including but not limited to damages due to loss of business profits, business interruption, computer crash, damage to hardware or software, loss of information or data or any other damages suffered by the User in connection with the use of the Website.
10. SUSPENSION OR INTERRUPTION OF ACCESS
10.1 In the event of a breach by the User of these Terms and Conditions of Use, the Website operator reserves the right and/or faculty to temporarily or permanently restrict or suspend the User's access to the Website at any time, excluding any compensation for damages and without prejudice to any right or remedy of Euroitalia.
APPLICABLE LAW
These Terms and Conditions shall be governed exclusively by and construed in accordance with Italian law.
