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TERMS OF USE

TERMS OF USE

The terms and conditions set forth hereunder shall regulate the access to and use of every screen interface to be found under the domain www.biancamedaglia.com. The website is operated by Bianca Medaglia Company. All content featured on the website is copyrighted material property of Bianca Medaglia Company unless otherwise noted. All content (including the software, source code, text, images and all other content and materials that are part of the Website) are copyrights, trademarks, or other intellectual properties owned, controlled or licensed by us.

By accessing the website and making use of its content, you acknowledge and accept full and unreserved adherence to the Terms of Use, specifically set forth in the version published at the time you access the website.

 

ACCESS TO content

All content featured on the screen interfaces of the website (including text, images, photography and the like) and the website as a whole, are owned and controlled by Bianca Medaglia Company. Such content is intended for your personal and noncommercial use. Any other use other than personal and noncommercial is prohibited without the express prior written permission by Bianca Medaglia Company. Its use without express prior written permission may lead to copyright and/or trademark infringement.

You acknowledge that Bianca Medaglia Company does not grant or transfer any rights to you in respect of its property. The company solely authorizes you to access and use the website in accordance with the Terms of Use indicated hereby.

You acknowledge and accept that you shall make use of the Website and the content and/or services incorporated therein for strictly personal, private and particular purposes. You are hereby strictly forbidden to authorize third parties to totally or partially use the Website, or to introduce, or incorporate as or into, your own commercial activities, the content and/or services therein incorporated. The use or application of any technical, logical or technological resources pursuant to which you or any other users may benefit, directly or indirectly, with or without profit, from non-authorized exploitation of the content and/or services or the Website itself is hereby strictly prohibited.

 

It is your responsibility to ensure that the equipment (computer, laptop, tablet or other mobile device) meets all the necessary technical specifications to enable access, use and compatibility with the Website.

You must ensure that any registration details provided are accurate and to treat your login information (such as username and password) as confidential. You will be responsible for all activities occurring under your account and must immediately notify us of any unauthorized use or security breach that may have occurred.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Website. There may be times when - in our sole discretion- certain features, parts, content or the entire Site are unavailable, modified, suspended or withdrawn by us without notice to you. You agree that the company will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

USE OF THE WEBSITE

You hereby agree to use the Website for non-commercial use and in full accordance with the Terms of Use set herein.  You may -subject to the next section- retrieve and display content from the Website on a computer screen, print and/or copy individual pages and  store such pages in electronic form.

Furthermore, you undertake to abstain from the following actions:

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

  • Reproduce, publish, transmit, distribute, display, modify and/or create derivative works or attempt to exploit in any way any of the content of the website;
  • Access and use the website for other purposes than your own personal and noncommercial use;
  • Access or use the website in a manner which could damage, disable, impair, cause undue burden, or impede normal utilization of the website and/or its host, server, network, systems, or other users;
  • Access data that is not intended for your use;
  • Attempt to interfere with the operation of the website;
  • Attempt to modify the equipment or system of Bianca Medaglia Company in any manner whatsoever;
  • Attempt to log on to a server or account to which you are not authorized to access.

You must only use the Website (and anything available therein) for lawful purposes, in a responsible manner, and not in a way that might damage the name or reputation of the company.

All rights granted to you under these Terms of Use will terminate immediately in the event that you are in breach of any of them.

WEBSITE CONTENT

 

By accessing the Website, you agree to use the its content ‘as is’ and ‘as available’ without warranties of any kind. As we endeavor to display the most accurate and current information on the Website at all times, its format and content may be subject to occasional updates. However, such information may occasionally be inaccurate, incomplete or outdated. As a result, the company reserves the right to correct any errors, inaccuracies or omissions and to change and/or update information at any time without prior notice. Please note that these errors, inaccuracies or omissions may relate to product description, pricing and/or availability. You acknowledge and accept that: (A) the inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time; (B) that all products, specifications, descriptions and prices on the website are subject to change at any time without notice; and (C) that no liability arises in the case of any loss or damage of any kind as result of you (or anyone else) using the Website or relying on any of its content.

We make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Website. The later may be temporarily unavailable due to maintenance or malfunction of computer equipment.

In regards to the use of the site, excluding the purchase of products, in no event shall the website or any of its representatives: (A) Be liable to you with respect to use of the Website, the content or the materials contained in or accessed through the Website, or any damages that may result from errors, omissions, interruptions or delays in operation or transmission, or any failure of performance, whether or not resulting from (but not limited to) communication failures, fraud, theft, destruction, or unauthorized access to the Website (including its records, programs or services); and (B) be liable to you for any indirect, special or consequential loss or damage of goodwill, lost profits, theft, corruption of user information, the inability to use the Website or any of its features, or any loss relating to and/or resulting in any way from or in connection with the Website, or any errors or omissions in its technical operation or the material.

 

Subject to the above, we are only responsible for loss or damage suffered by the user that is a foreseeable result of our breach of these Terms of Use.  In any event, we are not liable for: (1) any loss related to any of your business, including (without limitation) lost profits, lost sales, lost revenues, business interruption, loss of anticipated savings, loss of business opportunity; or (2) any or any indirect, special or consequential loss or damage, unless that loss or damage is foreseeable by us and you at the time of entering into the contractual relation.

You agree that it is your responsibility to implement the appropriate IT security safeguards that guarantee your particular requirements as to the safety and reliability when accessing the Website content. We are not responsible for any damage to any user’s computer deriving from any security breach, virus, error, fraud, unauthorized intervention, omission, interruption, deletion, defect or delay in operation or transmission or any other malfunction.

ACCURACY OF PRODUCT INFORMATION

While we make all reasonable efforts to accurately display the attributes of our products (including the applicable colors), you acknowledge and accept that the actual color displayed on your device will depend on the computer system and monitor, which may not accurately display the colors of the products shown on the Website. Therefore, we do not warrant the accuracy or completeness of the information, content or materials provided through the Website.

USER PERSONAL INFORMATION

 

Use of your personal information submitted to or via the Website is governed by our Privacy Notice and Cookie Policy. We process information in accordance with our Privacy Notice. For more information regarding the use of your personal information, please read our Cookie Policy.

 

 

INTELLECTUAL PROPERTY RIGHTS

 

By accessing the Website, you acknowledge and agree that all intellectual property rights in any content found on the Website (including trademarks, trade dress, logos, text, photographs, videos, sound, graphics and software) are property of Bianca Medaglia Company. Unless expressly stated otherwise, nothing in these Terms of Use gives you any type of right in respect of any intellectual property owned by Bianca Medaglia Company or its licensors.

 

Therefore, you acknowledge and understand that you do not acquire any ownership rights by downloading content from the Website. In the event you print off, copy or store pages from the Website (only as permitted by these Terms of Use), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

 

MEMBERSHIP AND REGISTRATION

 

The website provides the option to register and/or create a personal account in order to participate in certain features or access certain content. The website’s practices governing your personal information can be found in our Privacy Notice. You acknowledge that the decision to provide this information is voluntary and optional, and agree to provide only true, accurate, current and complete information.

 

You acknowledge and accept your responsibility for all activities that occur under your account and agree that your membership or any of the rights derived thereof are not transferable or assignable to a third party. You also agree to protect and maintain the confidentiality of your login information and to take the necessary measures to restrict access to your computer. The company may, in its sole discretion and at any given time, with or without notice, terminate your membership if in our reasonable opinion you (as user) have failed to comply with any of the provisions of these terms.

 

 

NEWSLETTER

 

By joining our Newsletter, you may occasionally receive offers or information of new collections to the email address provided. If you wish to stop receiving these, you can opt-out of receiving such emails by clicking on the "unsubscribe" link within the text of the email. We will process your choice to unsubscribe as soon as possible.

 

GENERAL

 

Registration

In order to access certain content or services, Bianca Medaglia Company may require registration in the Website database. Such registration requires you to provide certain information. You undertake to provide accurate personal details, and to update them in such a manner that they remain true.

As user, you may cancel the registration at any time while also acknowledging that we reserve the right to cancel any registration.

Personal data

We have adopted Secure Socket Layer (SSL) technology, which encodes sensitive personal information contained in orders placed on the Website. It provides communication security over the Internet by ensuring the encrypted transmission of your personal data, including credit card and account information. We continuously endeavor to adopt the most adequate administrative and technical procedures in order to minimize any risks of security breach. Irrespective of the foregoing, you acknowledge and accept that no data transmission over the Internet can be guaranteed to be 100% secured. As a result, you acknowledge that: (A) the security and privacy of the personal Information and data exchanged between the website and the customer cannot be guaranteed by Bianca Medaglia Company; (B) any transfer of information is made at the customer’s acknowledgment of the possibility of being viewed or tampered by an unauthorized third party during the course of transit; and (C) the customer acknowledges and accepts the potential security risks of transferring personal data.

Enforcement of Terms

By accessing and using the Website, you agree that your access to and use of the Website is subject to these Terms of Use, as well as all applicable laws as governed and interpreted pursuant to the laws of the Kingdom of the Netherlands.

LIMITATION OF LIABILITY

Nothing in these terms excludes or limits our liability for fraud, fraudulent representation, personal injury or death caused by our negligence or any other liability which cannot be excluded or limited as a matter of law.

The website is only provided for your domestic and private use, and you agree to not use the Website for any commercial or business purposes. In any event, Bianca Medaglia Company is not liable for: (A) any loss related to any of your business, including (without limitation) lost profits, lost sales, lost revenues, business interruption, loss of anticipated savings, loss of business opportunity; or (B) any or any indirect, special or consequential loss or damage, unless that loss or damage is foreseeable by us and the user at the time of entering into the contractual relation.

Subject to the above, we are only responsible for loss or damage suffered by the user that is a foreseeable result of our breach of these Terms of Use.

GOVERNING LAW AND JURISDICTION

Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court. All matters that may derive from access to and/or use of the Website shall be understood to be governed to Dutch laws and submitted to a competent court of the Kingdom of the Netherlands.

CONTACT

For any questions, comments or concerns about our Website or these Terms of Use, contact us at customercare@biancamedaglia.com.

Last updated: 20/06/2020.