General conditions of use
Welcome to the Website www.villadestelaboutique.com, the official online boutique of Villa d’Este S.p.A., (hereinafter referred to as Villa d’Este), with registered and operational office in Cernobbio, Via Regina, 40 (Italy), share capital Euro 2,157,094.16 fully paid-up, tax code and VAT number 00192900132, and registration number in the Register of Companies of Como, R.E.A. (Economic and Administrative Index) No. CO – 4720 (hereinafter referred to as the “Website”).
If the user does not agree, in whole or in part, to the General Terms and Conditions, the user is kindly requested to stop browsing the site.
Whoever accesses and uses the Website, implicitly, by accessing and using it, declares that he/she does not use the Website for illicit purposes or in any case for purposes that are contrary to the provisions of the law in force.
Villa d’Este can modify or simply update these General Terms and Conditions, in whole or in part. The modifications and the updates will be notified to the users on the Website Homepage as soon as they are adopted and they will be binding as soon as they are published on the Website in this same section. In case of a disagreement, the user is kindly requested to stop browsing the Website.
If a clause of these General Terms and Conditions is considered illicit, void, or ineffective for any reason, its invalidity or ineffectiveness will not invalidate the validity or effectiveness of the remaining provisions.
2. Contents of the Website
The access and use of the Website, including the viewing of the web pages, the communication with Villa d’Este, the possibility of downloading information on the products and the purchase of these on the Website, are activities carried out by the users of the Website exclusively for personal purposes unrelated to any commercial, entrepreneurial and professional activity.
The Website contains hyperlinks (hereinafter referred to as the “links”) to other websites. The Website provides links to other websites only to facilitate its own users in their search and browsing and to make hyperlinks to the Internet easier. The activation of the links does not involve any recommendation or suggestion by Villa d’Este to access and browse these websites, nor does it provide any guarantee concerning the contents, services or goods they provide and sell to the users.
Villa d’Este does not control nor does it carry out any monitoring of these websites or of their contents. Villa d’Este cannot be held liable for the contents of these websites and for the rules adopted by these also concerning the processing of the users’ personal data when browsing. Therefore, we recommend paying attention when logging into these websites through the links that are present on the Website and to carefully read the respective conditions of use and regulations on privacy.
3. Limitations of liability
By accessing the Website, the user will be the sole responsible for its use. Villa d’Este, in fact, cannot be held liable for any use of the Website by users that does not comply with the law, or for any contents that such users may publish on the website, except for the liability of Villa d’Este for wilful wrongdoing and gross negligence. In particular, the user will be the sole responsible for any insertion and for the communication of information and data that are incorrect, false, or concerning third parties without these having given their consent, also with regard to any incorrect use.
Finally, as every material will be downloaded or obtained through the use of the service of the user’s choice and at the user’s own risk, any liability for damages to computer systems or losses of data resulting from download operations lies with the user and cannot be attributed to Villa d’Este. Villa d’Este declines all liability for any damages deriving from the inaccessibility to the Services that are present on the Website or by any damage caused by viruses, damaged files, errors, omissions, interruptions of service, cancellations of contents, problems related to the network, to the providers or to telephone and/or computer connections, to unauthorized accesses, to alterations of data, failures and/or malfunctions of the user’s electronic equipment.
The user is responsible for the custody and correct use of his/her personal information, including the credentials allowing the access to reserved services, and for any damages or prejudice caused to Villa d’Este or to third parties following the incorrect use, loss or theft of this information.
5. Rights of intellectual property
All the contents, in whatever format, published on the Website, including the web pages, the images, the graphics, the colours, the schemes, the tools, the characters and the design of the Website, the diagrams, the layout, the methods, the processes, the functions and the software that are part of the Website, are protected by copyright and by any other intellectual property right of Villa d’Este S.p.A. and of the other rightsholders, without any right on these in favour of the user deriving from the access to the Website and/or from the purchase of Products. The reproduction, either in whole or in part, in any form, of the Website and of its contents is prohibited without the explicit written consent of Villa d’Este. Villa d’Este has the exclusive right to authorize or to prohibit the direct or indirect, temporary or permanent reproduction of the Website and of its contents, in any way and in any form, either in whole or in part. As regards the use of the Website, the user is solely authorized:
- to view the Website and its contents.
- To carry out all the other acts of temporary reproduction, without economic significance, considered transient or incidental or an integrating and essential part of the viewing of the Website itself and of its contents.
- To perform all the other browsing operations on the Website that are only carried out for a legitimate use of the Website itself and of its contents.
Any other reproduction act is to be considered prohibited and, if the need arises, it will have to be authorized each time by Villa d’Este which will have full discretionary power on the relevant decision or, if need be, by the authors of the individual works contained on the Website. When they are authorized, these reproduction operations must be carried out for legitimate purposes and in observance of the copyright and of the other intellectual property rights of Villa d’Este and of the other authors of the individual works contained on the Website.
6. Applicable law and competent court
The legal relationships regulated by these General Terms and Conditions are regulated and interpreted in compliance with Italian laws, and in particular by the Legislative Decree No. 206 of 6th September 2005, bearing the “Consumer Code”, and subsequent integrations and amendments, excepting the case in which the user resides in a Country other than Italy and in this last case the law of the Country of the user’s residence will be applied.
Any dispute deriving from existence, the validity and effectiveness of the General Terms and Conditions and of any other agreement referring to it will be referred to the Court of the user’s place of residence or domicile.