CONDITIONS OF USE
These General Conditions of Use (“GCU”) govern the sale of Products (“Products”) and provision of services (“Services”) associated with the website www.leatheredgepaint.com to users of the website (“Users”) by the company owner of the website, GIARDINI GROUP SRL (“Giardini”). These GCU also regulate the terms through which Users of the website www.leatheredgepaint.com can effectively access the Products and Services mentioned above.
Premises
1. The following provisions contain the general terms and conditions of use of the website www.leatheredgepaint.com owned by Giardini.
2. By browsing the website, the app, and social networks associated with www.leatheredgepaint.com, viewing and/or accessing the contents (with or without login), Users, also in the case of purchase on the website as Customers, hereby declare to acknowledge and accept these GCU, as a result of a stated and free expression of their will, so as to bind them to the contents of these GCU, which are equivalent to a contract signed in writing, as well as informing them about their rights, obligations, and limitations. These GCU (including possible updates or changed thereto) shall be made effective for Users whenever accessing the website, the app, or social networks.
3. Giardini has the right to modify the GCU at any time, on the sole condition of informing Users, indicating wholly and transparently the content of such changes on the website www.leatheredgepaint.com.
4. Users must keep up to date on any possible change to the content of the GCU. By accessing and using the website, the app, and social networks associated with www.leatheredgepaint.com, Users expressly agree to be subject to the new general terms and conditions of use, upon publication of the changes and updates on the GCU.
5. The General Terms and Conditions of Sale (“GTCS”) are an integral part of the GCU and, for reasons of transparency and thorough information to Users, are treated separately and are available on the website www.leatheredgepaint.com on this link.
1. Subject GCU
1.1. Premises are an integral part of the GCU.
1.2. These GCU provide Users with the correct terms of use of the website www.leatheredgepaint.com and the Products and Services available therein. Such GCU shall apply to both Users and owners of the website www.leatheredgepaint.com.
1.3. In order to access the Services, contents, and Products available on the website www.leatheredgepaint.com, Users shall necessarily accept these GCU. In case of registration on the website and collection of personal data, Users declare to have viewed the GCU (as well as the GTCS, in case of purchase of Products), which will be automatically accepted once the registration process is completed.
1.4. By accepting these GCU and providing their personal data to the owner of the website www.leatheredgepaint.com, Users will also be required to view the personal data protection policy (in accordance with the Legislative Decree no. 196/2003 and the EU Regulation no. 679/2016) which shall be provided freely to the owner of the website www.leatheredgepaint.com. With the consent of processing data for purposes related to the access of Services, purchase of Products, and join other initiatives linked to the activities of the website www.leatheredgepaint.com, Users may choose freely to subscribe to newsletters, competitions, profiling, promotional events, etc.
2. The Website and its Owner
2.1. Giardini is the owner of the website www.leatheredgepaint.com, through which Users can purchase Products such as chemicals and paints for the treatment of leather products of various types (collectively considered “Products”) marked with the trademarks “Giardini”, “Maxedge”, “Maxmatt”.
2.2. Giardini is the exclusive owner of such trademarks, as well as of any copyright related to the contents of the website.
2.3. For each product sold on the website www.leatheredgepaint.com, Giardini provides detailed information about its features and legitimate and correct use. Giardini shall not be liable for any unlawful or inappropriate use of the Products or information contained on the website, where use has been different from that explicitly recommended on the website by Giardini.
3. Registration on the website
3.1. In order to access the Services of the website www.leatheredgepaint.com, including sales Services, Users are required to:
a) Accept these GCU.
b) Provide personal data and authorize its processing by Giardini, in line with the Privacy Policy published on the website www.leatheredgepaint.com.
3.2. Failure to fill in all the fields indicated as mandatory in the online form requesting Users’ personal data will not enable Users to access and use the Services on the website.
3.3. Upon completing the registration process, Users shall provide their email (“Username”) and a personal access password (“Password”). Username and Password are personal and they shall not be used by two locations at the same time. Users shall not cede, concede, or transfer them to third parties in any way whatsoever. Users shall be responsible for all operations carried out using their Username and Password with the obligation to keep such data strictly confidential, giving immediate notice to Giardini if their account has been used without their knowledge or consent.
3.4. Giardini is not liable for any illegitimate and inappropriate use of Username and Password carried out by Users or third parties.
3.5. Users guarantee that all information provided is accurate, up-to-date, truthful and not misleading. They declare not to use credit or debit card fraudulently, not to attempt at eluding security measures of the website www.leatheredgepaint.com, or to violate the network, not to use the Services of the website for purposes unrelated to commercial transactions, or to undertake any illegal activity connected to the use of the website and/or the Services provided on the website www.leatheredgepaint.com.
3.6. Giardini reserves the right to suspend or terminate access to its website, as well as to interrupt the validity of Username and Password, immediately and without notice, in the case of breach or violation of any of the provisions of these GCU and, more specifically, in the event Giardini verifies that:
a. User data are not up to date and/or true.
b. Username and Password have been used illegitimately, causing liabilities.
c. Services and Products on the website www.leatheredgepaint.com have been misused by Users.
3.7. Users commit to immediately notify Giardini about theft or loss of data (Username and/or Password) and/or the unauthorized disclosure and/or use of the account or Password by third parties by email at giardini@giardinigroup.it. Upon notification, Giardini shall deactivate the registration and delete all possible contents. Failure to notice Giardini will result in direct and exclusive responsibility of the Users for all uses and/or abuses of their Username and/or Password. Each notification shall be accompanied by a valid identity document.
3.8. At any moment, Users may request to cancel their registration and data by contacting Giardini at the following email address: giardini@giardinigroup.it. In such case, the contract with Giardini shall terminate immediately after receiving the request of dissolution of the contract and Username and Password will be deleted.
3.9. Users may proceed to the registration process with the following procedures: d. Ordinary procedure, selecting “Register” e. Quick procedure, selecting “Check out as guest” Regardless of the procedure adopted, Users will be asked to click on the link “I have read and accepted the Privacy Policy in accordance with the Legislative Decree no. 196/2003, the EU Regulation 679/2016 ss.mm., and the Terms and Conditions of Use of the service”, as well as “I have read and accepted specifically, pursuant to and for the purposes of Article 1341 and 1342 of the Italian Civil Code, Articles “Premises 1, 2, 3, 4, 5, 6, 7” of the GCU, the Articles “Premises 1, 2, 3, 4, 5, 6, 7, 8” of the GTCS, and all the Articles of the Privacy Policy".
3.10. Upon registration on the website www.leatheredgepaint.com (with any procedure adopted), Giardini shall be entitled to send to Users emails administrative and promotional content, newsletters, information on the activity of the account and purchases, updates related to the website and its Services, promotional offers, and information on purchases made by Users. At any time, Users can choose not to receive such emails through the specific “unsubscribe” function available at the bottom of emails with promotional content.
4. Claims
4.1. Any remarks or complaints related to the Services and/or activities of the website www.leatheredgepaint.com shall be sent at the following email address: giardini@giardinigroup.it. All requests will receive a reply within 5 (five) working days upon receiving.
5. Limited Liability
5.1. As the owner of the website www.leatheredgepaint.com, Giardini reserves the right to modify, suspend and/or interrupt, temporarily or partially, for technical and organizational reasons, any function or service related to the website www.leatheredgepaint.com.
5.2. Users shall not hold Giardini responsible for any direct or indirect damage deriving from:
a) Impossibility of access, or change, suspension, or interruption of Services.
b) Messages or transactions.
c) Unauthorized access, or alteration of transmission and/or User data.
d) Irregular access to the platform www.leatheredgepaint.com.
e) Loss of data, information, delay, or loss of chance, inaccurate or delayed collection of information, restriction or loss of access.
5.3. Giardini declines any responsibility for direct or indirect damages of any kind and form whatsoever, resulting from the incorrect and/or illegal use of the website www.leatheredgepaint.com related to news, photos, and information contained therein. Giardini does not assume any responsibility for information provided and/or collected by individual Users during the provision of Services.
6. Confidentiality, Rights of Ownership and Processing of Personal Data
6.1. The viewing, downloading, and preservation of these GCU is reserved to Users of the website www.leatheredgepaint.com for purposes strictly related to the conclusion and provision of the Services and Products offered by Giardini, including access to the platform.
6.2. It is expressly forbidden to reproduce, copy, download, distribute, publish, or transmit in any form or by any means of communication, buy, sell, rent, sublicense, use to create derivative works, or exploit in any way these GCU without prior and expressed written consent of Giardini.
6.3. it is expressly forbidden to reproduce, modify, copy, distribute, or use for commercial purposes the materials or content of the website www.leatheredgepaint.com in the absence of prior and expressed consent of Giardini. Giardini is the sole owner of the rights of intellectual property and commercial exploitation relating to trademarks, patents, copyrights, designs, software applications, management applications, tools, names, and any other distinctive sign referring to Giardini and its website platform www.leatheredgepaint.com.
6.4. Giardini is the owner of all the informative contents published or whose access is allowed through the platform and Services provided by the website www.leatheredgepaint.com, of all databases, texts, graphics, photos, videos, music, sounds, source codes, software, and of all information offered and contained on the website in general.
6.5. Giardini reserves the right to check the comments left by Users following the purchase of Products, avoiding the publication of comments which are indecorous, offensive, or inappropriate to the integrity of Giardini and the nature of the Services and Products provided through the website www.leatheredgepaint.com.
6.6. Giardini shall process all personal data provided by Users at the moment of registration in full compliance with the provisions contained in the Legislative Decree no. July 30th, 2003, no. 196 and the EU Regulation 679/2016 ss.mm. (in line with the "Code for the protection of personal data"), according to the modalities and for the purposes indicated in the policy provided to Users, as expressly and clearly explained on the website www.leatheredgepaint.com.
6.7. By reading the Privacy Policy, accepting the processing of personal data for the purposes permitted by the law and provided on the website www.leatheredgepaint.com, as well as by accepting these GCU, Users declare their express consent to the processing and communication of data concerning them with the modalities described above, committing to notify without delay any changes to the data provided or their willingness to have them deleted by sending a notice to the email account giardini@giardinigroup.it.
7. Dispute Resolution
7.1. This Contract is subject to the Italian law, which is the law in force. The provisions contained in this Contract shall be interpreted according to their literal meaning, in compliance with the Italian law and the regulations of the Italian legal system in general.
7.2. For all disputes arising from the interpretation or execution of this Contract, the Parties agree to the exclusive jurisdiction of the Court of Macerata, Italy.
7.3. The Parties expressly agree to submit all disputes arising from this Contract to special conciliation or mediation procedures held at the ADR Center S.P.A. (http://www.adrcenter.it/en/), before appealing to the Judicial Authority of Macerata, registered and certified by the Ministry of Justice of the Italian Republic. Any attempt at mediation or conciliation between the Parties must be concluded within 30 (thirty) days after its inception.
8. Miscellaneous
8.1. In compliance with and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, Customers expressly accept the following provisions: Premises; art. 1, 2, 3, 4, 5, 6, 7, 8.
