General Conditions of contract for the use of the website Eral55.com
For the purposes of the present general conditions:
- the terms “Us” “We” “Our” is to be intended as eral55.com based in Piazza XXV Aprile 14, CAP 20124, Milan, Italy.
- the term “Website” is to be intended as the website eral55.com owned by Us
- the term “User” or “You” or “Consumer” is to be intended as any visitor and/or user of the Website
2. Subject matter of the contract
This agreement contains the general conditions of contract applicable to the User relevant to the use of the Website and the services rendered available through the Website.
The present general conditions of contract regulate the use of the Website, the responsibility of the User and, together with other aspects, the limits of Our responsibility.
Before using the Website, please read the entire contents of the present general conditions of contract. By accessing any part or section of the Website, the User accepts to be legally bound by the present general conditions and commits to comply with the same.
In the case You do not agree with any of the present general conditions, please refrain from using the Website.
The User must be an adult (18 years of age) and, therefore, to have an age sufficient to undertake the legal liabilities and responsibilities resulting from the use of the Website. On the contrary, the User must refrain from utilising the Website.
3. Intellectual property protection
The User recognises that the written material, the data, the software, the photographs, the graphs, the videos, the graphics, the music, the sounds, the images, the illustrations, the designs, the icons and any other material present on the Website are protected by copyright or other provisions on the subject of intellectual property and are Our exclusive property. The copying, reproduction, even partially, the downloading, the saving, the communication to third parties, the publication or circulation utilising any means and more in general any act of disposition or use of the material contained in the Website, in every form, through the media and technologies in existence or to be developed in the future are prohibited, save express instructions to the contrary contained in the Website or subsequent to written authorisation granted by Us and/or the respective owners of the rights.
“Eral55” and “Eralcinquantacinque” are figurative and denominative trademarks registered and owned by Us, just as the logos used in the Website. Third party trademarks and logos present in the Website are the exclusive property of the respective owners. The use or reproduction in any form and method of such trademarks and logos is prohibited.
5. Website acceptable use
The Website and its contents are exclusively for personal and non-commercial use. The User can use the Website only for legitimate activities and must not use the Website for any activities that turn into any violation of Our or third parties rights. It is expressly forbidden to utilise any part or section of the Website and the material present on the Website for directly or indirectly commercial or advertising activities of any type, save express written authorisation by Us. Users that commit fraudulent or illegal acts shall be prosecuted pursuant to the law.
6. Characteristics of the products and services
Users from every part of the world can access the Website and the Website can contain references to products and services that are not available or subject to restrictions in the country of residence of the User. The existence of such references does not imply that We intend to make the products and services available in the country of the User or that such products and services can be legally utilised in the country of the User. We reserve the right to not make specific products and services available or to modify the characteristics at any time, without prior notification or obligations, and without being held to apply such modifications to products and services eventually already purchased by the User.
Products and services for sale on the Site are for sale only in the countries expressly indicated. Information about products and services on the Site, periodically updated, has a mere indicative value and is not binding for Us. We will not be liable for any mistakes in copy and/or translation.
7. No Warranty, Disclaimer of Liability and Indemnity
While every effort has been made by Us to ensure the high quality and accuracy of the Website, the written material, information and services included or available through the Website can contain inaccuracies or errors. We do not issue any type of guarantee or declaration relevant to the suitability, reliability, availability of the Website and regarding the accuracy of the information, contents and services of the Website. Within the limits consented by the law, We cannot be held responsible towards the User and eventual third parties for direct or indirect damages of any type deriving from, or in any way connected to, the use of the Website and its services, for the delay or impossibility to utilise the Website or its relevant services, to the supply or lack of supply of the services, or any information, contents or service obtained through the Website. Within the limits consented by the law, We decline every responsibility relevant to the consequences deriving from the possible malfunctions of the Website and/or for damages that can derive both towards the User and eventual third parties. In no case We shall be responsible towards the User, towards persons directly or indirectly connected to the User and towards third parties for the damages, the loss and costs supported in consequence of suspensions or interruptions in the operation and availability of the Website due to force majeure or fortuitous events. In no case We shall be held responsible for any type of direct or indirect, lesion, loss, request or damage of any type or in any way connected to the utilisation of the Website that is not in compliance with the present general conditions, even if We were informed regarding the possibility of the damages. Due to the characteristics and the technical limitations relevant to the protection of the electronic communications via Internet, We do not guarantee that the information or data visualised by the User, also eventually by means of the eventual reserved areas of the Website, is not accessible or visible by unauthorised third parties. If, notwithstanding the above, We are deemed responsible for damages or losses relevant to the utilisation of this Website, the User accepts and acknowledges that the compensation due from Us cannot, in any case, exceed the cost (should the same exist) sustained by the User for the use of the Website. With exception of the warranties expressly indicated in the Website and/or provided that are compulsory pursuant to the laws in force, the products and services present on the Website are supplied without any type of express or implicit guarantees. No guarantee is given relevant to the fact that: (i) a User shall receive the products and services available through this Website at the lowest possible price on the market; (ii) the use of this Website shall be exempt from errors; (iii) regarding the results that can be obtained utilising the Website, or (iv) regarding the accuracy, reliability or quality of any content relevant to the information and advice supplied or made available through the Website
8. Links to other websites
The Website can contain references to products and services supplied by third parties or links to third party websites. We do not guarantee and do not assume any responsibility regarding the contents and information supplied by such third parties, their completeness or accuracy or relevant to the contents of the websites of these third parties. We do not guarantee and are not in any way responsible for the contents, the availability, the functioning and the fulfilments of any website that can be linked to this Website or from which access to this Website is available. The linking on behalf of other websites to the present Website through hyper textual links to its home page can be freely carried out. Deep linking or any linking techniques to prevent the recognition of (or mask) authorship of the content (framing) are strictly prohibited
9. Information, reports and complaints
For any information, request, reports or complaint, please contact: Eral55 Tel (+39) 026598829 E-mail: firstname.lastname@example.org
10.Changes to the Website
The information and contents of the Website are subject to periodic changes. We can make improvements and/or changes to the Website and/or its contents at any time, without any type of prior notice or obligation. We reserve the right, in their sole discretion and without notice, to suspend, change, modify or to restrict the use and accessibility of the Website at any time.
The present general conditions of contract represent the entire agreement between Us and the User, relevant to the utilisation of the Website and supersedes any prior statement or representation. The User declares to be informed that the purchase or reservation of products or services, or the fruition of specific services or parts of the Website are subject to contractual provisions as indicated from time to time on the Website. We reserve the right, at Our complete discretion, to modify the present general conditions at any time, advising of the new general conditions on the Website. The new general conditions of contract shall be in force and effective from the time that they are published on the Website. The utilisation of the Website by the User will be subject to the general conditions published on the Website at the time of utilisation of the Website itself. The headings of the clauses utilised herein are for convenience only and they do not affect interpretation. In case any provision in this agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
These general conditions of contract are compiled in English.
13. Applicable law
These general conditions of contract will be governed by and interpreted in accordance with the laws of Italy. For all herein expressly not provided for, the provisions of Italian law are in force, and in particular, for “consumers”, the provisions of Italian Legislative Decree n. 206/2005 (Consumer Code).
Save for the compulsory provisions of the law in favour of the “consumers”, any controversy arising from these general conditions of contract will be subject to the exclusive jurisdiction of the Court of Milan, Italy.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.