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TERMS AND CONDITIONS OF USE
(Hereinafter "Terms")
September 2021 version
1. GENERAL REGULATIONS
- Content of the Terms.
NGEN S.r.l. Società Benefit (hereinafter "NGEN"), Tax Code and VAT Number 11833640961, with registered office in Milan, Viale Luigi Majno 28 (20129 - MI), owner of the website www.nicholas-poggioli.com (hereinafter "Site") and secondary domains, with the Terms establishes the rules for access, use and content of the Site. - Scope of application.
The Terms shall apply:
(i) to anyone who accesses and uses the Site, even through simple navigation, for any reason, as a simple reader or navigator and to anyone who publishes comments and/or content on the pages of the social network channels (hereinafter "Social Channels", by way of explanation only, Facebook™, Twitter™, Instagram™, etc.) that are directly or indirectly managed by NGEN (hereinafter "Users");
(ii) NGEN's customers, whether natural persons or legal persons, bodies and associations, who establish commercial and professional relationships with NGEN and use the Site as a result of these relationships (hereinafter "Customers"). - Revisions and effectiveness.
NGEN has the right to modify the Terms at any time, marking each version with the relevant time reference. The version of the Terms available on the Site applies to Customers and Users. - Data processing.
For all matters relating to the processing of personal data and the use of cookies, NGEN refers to the "Privacy Policy" and the "Cookies" page respectively. - Applicable law and dispute resolution.
The Terms shall be governed by and construed in accordance with the laws of Italy. Any disputes that may arise between NGEN and the Customers and Users are devolved to the exclusive jurisdiction of the Court of Milan.
2. OPERATION AND MANAGEMENT OF THE SITE
- Operation of the Site.
The Site hosts the e-commerce platform used by NGEN for the promotion and sale to Users and its Customers of garments bearing the "NP Nicholas Poggioli" brand (hereinafter "Product/s"). - Registration.
To complete the purchase process, Customers may be asked to fill in a registration form, following the procedure, which, among other things, includes acceptance of these Terms and the General Terms and Conditions of Sale. Customers therefore undertake to enter correct and truthful data and information in the registration form. - Autonomy of NGEN.
Without prejudice to the execution of existing contracts, NGEN has the widest autonomy in the management of the Site; it reserves the right to make modifications without prior notice and to change the methods of access. By way of example only, NGEN therefore has the autonomy to cease publication of the Site, obscure the Site and/or transfer the Site to domains other than those indicated above. - Suspension and interruption of the Site.
NGEN does not guarantee continuous and uninterrupted access to the Site, which may be suspended and/or interrupted at its discretion, by way of example,
(i) due to force majeure or unforeseeable circumstances;
(ii) due to the actions and/or conduct of commission and/or omission of third parties operating in any capacity and allowing the use of the internet network (e.g. access providers);
(iii) due to unlawful and/or illegal activities by third parties;
(iv) for technical requirements relating to the management, maintenance, updating, modification and/or implementation of the Site;
(v) for causes in any case connected with the protection of the Site, by way of example only, if one of the following circumstances has occurred or is occurring: use of the Site that leads to a situation of danger or instability of the Site such as to cause damage and/or harm; abnormal traffic or such as to prevent the normal operation of the Site;
(vi) if the Public Authority signals to NGEN an illegal or improper use of the Site, or a use that is in any case contrary to mandatory rules, public order or morality.
3. THIRD-PARTY SITES, VIRUSES AND MALWARE
- Third-party sites.
NGEN assumes no responsibility for the content of the websites and sites that can be reached via links from the Site and/or Social Channels. - Viruses and malware.
Despite regular monitoring of the Site, NGEN cannot guarantee that it is free from viruses or other potentially harmful programs. Before accessing the network and the Site and carrying out any operation, Users and Customers are required to adopt the most up-to-date protection measures.
4. RESPONSIBILITY FOR THE USE OF THE SITE AND/OR SOCIAL CHANNELS. COMMENTS AND/OR REVIEWS
- Commitments of Users and Customers.
Users and Customers undertake:
(i) to use the Site and the Social Channels in accordance with applicable national, European Union and international regulations, and in particular, but not limited to, copyright, industrial property and competition regulations, as well as the measures and practices of national and/or foreign public authorities, as applicable;
(ii) to use the Site and the Social Channels with diligence and good faith, exclusively for lawful, legitimate, reasonable purposes and, in any case, within the limits of the Site's purposes;
(iii) to avoid abnormal and/or abusive use of the Site and the Social Channels, which may cause interruptions, malfunctions, damage (even if only potential) to the Site and its functionalities, as well as to the NGEN social pages. - Reviews and comments.
Users and Customers who send and/or publish reviews and/or comments on the Site and/or on the NGEN Social Channels undertake:
(i) not to send and/or publish reviews and comments whose content may constitute a civil and/or criminal offence (by way of example, containing disparaging, defamatory, offensive expressions or in any case such as to damage the dignity and/or reputation of NGEN, of other Users or Customers, or, in general, of any third party; advertising messages relating to commercial activities, even through simple links; trademarks and materials covered by intellectual or industrial property rights belonging to third parties; viruses or other programs aimed at damaging the operation of the Site and/or allowing the appropriation or abusive access of personal data and information, even if not confidential);
(ii) to provide promptly and in any case no later than 3 (three) working days, upon NGEN's request, documentation attesting to the actual use of the Product concerned by the review and/or comment. - Disclaimer of warranty.
Under no circumstances, as a result of the publication of comments and/or reviews on the Site and/or on the Social Channels, is NGEN responsible for and/or guarantor of the correctness and reliability of the comments and reviews, for which their authors are exclusively responsible.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
- Intellectual and industrial property.
The Users and Customers acknowledge and take note that the Site, as well as all the information, images, photographs, videos, domain names, trademarks (registered or not), patents, software, databases, know-how, comments and reviews and/or intellectual property or any kind of intangible assets protected by the national or European Union laws in force, and by the international conventions on intellectual and industrial property, which can be used through the Site or reproduced on the Site and on the Social Channels, are subject to the industrial and intellectual property rights of NGEN and/or its licensors (hereinafter "Intangible Assets"), and undertake to respect them, without any rights being derived from the access and/or use of the Site and/or the Social Channels. - Prohibited uses.
Notwithstanding the above, Customers and Users are not permitted any use of the Site and/or Social Channels that does not comply with these Terms and the instructions published on the Site. In particular, it is expressly prohibited wholly or partially to reproduce, sell, modify, distribute, transmit, communicate or republish the Site, the Social Channels and the Intangible Assets without the prior written consent of NGEN or the respective owners.