The entity responsible for this Web Site is: F.LLI CHIESA IMPORT EXPORT S.A.S.
Via Vincenzo Tomassini, 4
00168 Roma
P.I. 06046571003 Owner’s email address: info@fllichiesa.it

Need to know at a glance

• Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, certain provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.

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TERMS OF USE

Unless otherwise specified, the conditions of use of this Web Site set forth in this section apply generally. Additional conditions of use or access applicable in particular situations are expressly stated herein. By using this Web Site you represent that you meet the following requirements:

• There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users.

Content on this Web Site

Except where otherwise noted or clearly recognizable, all content available on this Web Site is owned or provided by the Owner or its licensors. The Owner takes the utmost care to ensure that the content available on this Web Site does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address the relevant complaints to the contact details specified in this document.

Rights to the contents of this Web Site

The Owner expressly owns and reserves all intellectual property rights to the above content. Users are not allowed to use the content in any way that is not necessary or implicit in the proper use of the Service. In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Web Site, from allowing third parties to engage in such activities through their User account or device, even without their knowledge. Where expressly stated on this Web Site, the User is authorized to download, copy and/or share certain content available on this Web Site solely for personal, non-commercial purposes and subject to observance of the attribution of authorship of the work as well as the disclosure of any other relevant circumstances required by the Owner. The limitations and exclusions provided by copyright law remain unaffected.

Access to external resources

Through this Web Site, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and is therefore not responsible for their content or availability. The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in their terms and conditions or, in their absence, by law.

Permitted use

This Web Site and the Service may be used only for the purposes for which they are offered, under these Terms and under applicable law. It is your sole responsibility to ensure that your use of this Web Site and/or the Service does not violate any law, regulation or the rights of any third party. Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Web Site or the Service, terminate contracts, report any censorious activity carried out through this Web Site or the Service to the competent authorities – e.g. the judicial or administrative authority – whenever the User puts in place or is suspected of putting in place:

• Violations of laws, regulations, and/or the Terms;
• Injury to the rights of third parties;
• Acts that may considerably impair the legitimate interests of the Holder;
• offenses against the Holder or a third party.

Limitation of liability and indemnity

Australian users

Limitation of liability

Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or protection that You may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial legislation and that constitutes a right that cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Holder’s option, to a re-supply of the Services or payment of the cost of re-supplying them.

US users

Exclusion of warranty

The Owner provides this Web Site “as is” and as available. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, the Owner expressly disclaims conditions, covenants and warranties of any kind – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein

Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees do not warrant that the content will be accurate, reliable, or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through your use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such operation or your use of the Service.

The Owner does not guarantee, endorse, assure, or assume responsibility for any product or service advertised or offered by third parties through the Service nor any hyperlinked website or service. In addition, the Owner does not take part in or in any way monitor any transactions between Users and third-party providers of products or services.

The Service may become inaccessible or not function properly with the User’s browser, device and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, resulting from the content, operation, or use of the Service.

Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent provided by law.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be held liable for

• any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use, or inability to use, the Service; and
• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
• Any error, lack or inaccuracy in the content;
• personal injury or property damage, of any kind, resulting from your access to or use of the Service;
• Any unauthorized access to the Owner’s security servers and/or any personal information stored therein
• Any interruption or cessation of transmissions to or from the Service;
• Any bugs, viruses, Trojans, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• The defamatory, offensive or illegal conduct of any User or third party. In no event shall Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount greater than the amount paid by User to Owner during the preceding 12 months, or for the term of this Agreement between Owner and User, whichever is shorter.

This section on limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the Owner was advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.

Manleva

User agrees to defend, indemnify, and hold harmless Holder and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts, and expenses, including, without limitation, legal fees and expenses arising from

• User’s use of or access to the Service, including any data or content transmitted or received by User;
• User’s breach of these Terms, including but not limited to any breach by User of any representation or warranty set forth in these Terms;
• Infringement by the User of any rights of third parties, including, but not limited to, any rights relating to privacy or intellectual property;
• Violation by the User of any applicable law, rule or regulation
• any content posted from the User’s account, including but not limited to misleading, false or inaccurate information and also including when accessed by a third party with the User’s personal username and password or other security measures, if any;
• The willful conduct of the User; or
• The violation of any legal provision by the User or its affiliates, officers, agents, brand co-owners, partners, suppliers and employees, to the extent permitted by applicable law

Common provisions

No implicit waiver

The Holder’s failure to exercise any statutory rights or claims arising under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to any specific right or any other claim.

Interruption of Service

To ensure the best possible level of service, the Owner reserves the right to discontinue the Service for maintenance purposes, system upgrades or any other changes, giving appropriate notice to Users. To the extent permitted by law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information in accordance with the provisions of the law. In addition, the Service may be unavailable due to causes beyond the reasonable control of the Data Controller, such as force majeure (e.g. strikes, infrastructure malfunctions, power outages etc.).

Resale of the Service

Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Web Site or the Service in whole or in part without the prior written consent of the Owner, either expressed directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of this Web Site.

Intellectual Property

Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Web Site are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties. All trademarks – denominative or figurative – and any other distinctive signs, firms, service marks, illustrations, images or logos appearing in connection with this Web Site are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes in Terms

The Owner reserves the right to change the Terms at any time. In such case, the Holder will give appropriate notice of the changes to Users. The changes will only affect the relationship with the User in the future. Continued use of the Service implies User’s acceptance of the updated Terms. If the User does not wish to accept the changes, the User must cease using the Service. Failure to accept the updated Terms may result in either party’s right to terminate the Agreement. The previous applicable version continues to govern the relationship until User’s acceptance. Such version may be requested from the Owner. If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users. The provisions regarding the amendment of these Terms shall apply. Users are not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contact

All communications pertaining to the use of this Web Site should be sent to the contact information listed in this document.

Safeguard clause

If any of the provisions of these Terms should be or become void or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the remaining provisions to be ineffective, and they shall therefore remain valid and effective.

US users

Any invalid or ineffective provision shall be construed and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose. These Terms constitute the entire agreement between User and Owner with respect to the regulated subject matter and supersede all other communications, including any prior agreements, between the parties with respect to the regulated subject matter. These Terms will be enforced to the fullest extent permitted by law.

European users

Should any provision of these Terms be or become void, invalid, or ineffective, the parties shall endeavor to amicably identify a valid and effective substitute provision for the void, invalid, or ineffective provision. In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be replaced by the applicable statutory provision. Notwithstanding the foregoing, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms shall not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions under the Agreement are essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an undue and unacceptable burden on either party.

Applicable law

The Terms are governed by the law of the place where the Owner is established, as set forth in the relevant section of this document regardless of conflict rules.

Exception for European Consumers

However, notwithstanding the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.

Jurisdiction

Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Holder is established, as set forth in the relevant section of this document.

Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.