CONDITIONS OF USE

Conclusione del Contratto

1. Use of this website (hereinafter website) determines the conclusion of a contract (hereinafter Contract) between ‘ user and Gierre Srl, VAT number 00579901208, tax code 02460770379 and registration number with the Chamber of Commerce Bo 02460770379, with registered office in Via Torretta 36 / a 40012 Calderara Di Reno Bologna, Italy, share capital Euro Eleven thousand four hundred / 00 fully paid (hereinafter Gierre).

2.‭ ‬The Agreement is governed by Italian law and is in Italian. Unofficial English translations are available, but in case of differences between the two versions will prevail the Italian one.

The Agreement contained

3.‭ ‬The Contract includes always at least the conditions of use set out below (hereinafter the Conditions of Use), the information on the data processing provided for by ‘ art. 13 of Legislative Decree 196/2003 (hereinafter Privacy) and acts of consensus that the User pays to the use of its personal data (hereinafter personal data).
The Agreement may include in addition to the Conditions of Use, including any special conditions that will be communicated from time to time and that will integrate the Contract.

Definitions

4.‭ ‬In this Agreement the words written with a capital letter have the meanings provided in the paragraphs below:
Buyer means the user of the Site which is the part of the Contract of Sale different from the one that transfers the product;
Content means the materials of any kind that the user charge on site as, for example, texts, drawings, music, sounds, images, photographs, videos , trademarks, logos, information, personal data and any other User or third party material.
Contract of Sale means the sales contract concluded between Users of the Website.
Product means the product offered for sale through the Site;
Profile means the web page from the Website or communicated to the user load on the Site;
Complaints service means the service that claims Gierre triggered by complaints, the complaints and reports of users or third parties.
Site means this website
User means any person, corporation, public or private entity that accesses the website, do you see or use the services provided by the Site.
Terms of Use means the general terms and conditions indicated in this document
Gierre Gierre Srl, VAT number 00579901208, tax code 02460770379 and registration number with the Chamber of Commerce Bo 02460770379, with registered office in Via Torretta 36 / A 40012 Calderara Di Reno Bologna.
Agreement means the agreement concluded between the User and Gierre and includes at least the Terms of Use and the Privacy Policy.
Privacy Policy means the rules on the processing of personal data established by Legislative Decree 196/2003.
Personal Data means personal data or any third party that the user communicates to Gierre while using the Site.

5.‭ Gierre and Users act with full autonomy and independence and are not bound by any other constraint than that formed by this Agreement. So ‘does not arise between them any relationship of collaboration, agency, association, intermediation or employment.

6.‭ The Web site is a place where Gierre offering to sell the products and where interested Members to Products may purchase Products.

7.‭ In Gierre site will carry advertising also targeted and in any case on the basis of the preferences and tastes of users

Registration and personal data

8.‭ The User must carefully read the Terms of Use and Privacy Policy, before registering on the Site or use the Site

9.‭ ‬With the registration or use of the Site, the User agrees to abide by the Terms of Use and Privacy Policy, to provide true personal data and protect the access credentials that chooses .

10‭‬.‭ The User also agrees not to use his profile to third parties and notes that if this happens it will be responsible for the behavior of those who have used the User Profile.

11.‭ After registration, Gierre will send to specified by you e-mail a confirmation. The contract is deemed concluded at the time of conclusion of the procedure.

12.‭ Gierre retain it in its archives a copy of the current Terms of Use from time to time and a copy of the registration requirements of the Users.
You may request in writing a copy of the Terms of Use in force at the time of registration and its registration request by writing a registered letter to Gierre Srl, Via Torretta 36 / A 40012 Calderara Di Reno Bologna, Italy.

13.‭ You must print a copy of the Terms of Use, the registration and email confirmation page, if sent, and store them carefully

14.‭ ‬To register on the site must be 18 years of age and complete all required fields on the registration form.
Children will be able to register on the site or use the Website only with the permission of the parents, who are committed to control all the activities carried out by minors and be responsible for on-site activities. Upon registration, children will have to indicate how inbox that of their parents.

15.‭ You agree not to give personal information to third parties. If it does, it will still provide third parties with the appropriate information required by law and acquire the necessary consensus and transmit to Gierre a copy of the information and consent with a written statement, signed by you, the assumption of responsibility and indemnification of Gierre from any negative consequence.
Gierre is not liable for any alleged or actual identity of another user.

16.‭ ‬The user can modify or delete, or ask to cancel, all information, data, materials, content, directly concerning l ‘ user at any time.

17.‭ ‬However, uploading information, data, materials, content on the site and share them with third parties (for example, when third parties have copied, quoted, printed them , saved on their computers, etc.), the User is aware that they may not be modifiable or erasable and that, in any case, you grant Gierre the planned licensed by the following articles.

18.‭ You must not provide Gierre sensitive data. If disclose sensitive data, Gierre has the right to close the profile and terminate the contract by sending an e-mail notice to you

19.‭ ‬You understand, acknowledge and expressly agree that the information circulating through the Site are clear and are not encrypted.

Changes to the Agreement

20.‭ Gierre reserves the right to modify at any time without notice to the Site, this Agreement or the Terms of Use without providing individual notification to users, but it is nevertheless committed to publish a notice for at least thirty days on the site home page.

21.‭ Changes to the Terms of Use will be effective after thirty days from publication.

22.‭ If the user who created a profile does not accept the changes will have to close its profile. Failure to close the profile indicates your acceptance of the changes to the Agreement or the Terms of Use.

Cancellation of Registration

23.‭ Gierre may close the User Profile in the event of no small breach of the Agreement or the Terms of Use, in case of violations of the law (eg. Criminal, tax , the intellectual property rights of third parties, etc.), if the user holds discriminatory behavior (for example, for reasons of sex, race, religion, political opinions, personal, social conditions, sexual orientation or any other reason), and in all cases in which the user takes discriminatory behavior or even just not fair to the other Members and in other cases specified in the Terms of use.

24.‭ ‬The user is free to delete their profile at any time.

25.‭ ‬The Contract ceases to be effective, except for any provisions that by their nature are intended to survive the termination of the contract, when the user deletes the profile or Gierre closes the Profile,

26.‭ Once the profile is deleted, the profile is no longer available and the user will lose the data, materials, content, messages and information uploaded to the Profile .

Termination of the contract and account suspension

27.‭ Gierre may suspend in whole or in part the subject of the Contract Services, clear entered by the User Content, prevent others from accessing the Contents entered by the User, when he reason to believe that you keep all conduct contrary to the law or which infringe the rights of third parties and when it is required by the Judicial or Administrative function of surveillance.

28.‭ ‬If the User commits acts or behavior contrary to the contract or keep the laws in force in Italy or elsewhere Gierre has the right to terminate an interim basis or permanently the services provided to the User through the Site, and shall have the right to terminate the Contract for default User, by simple e-mail communication to the box that the user indicates in his profile.

Accessibility and usability of the site

29.‭ The User shall bear the costs of connection to the Internet and other costs not related to Gierre services.

30.‭ You agree to use appropriate hardware and software for the use of the Site, including operating systems which reduce the possibility of unauthorized access, suitable daily updated antivirus and firewall properly configured and It agrees to make periodic backup copies of your personal data, its content and all materials that enter the website.

31.‭ The accessibility of the site and the transfer rate of the information and contents are not guaranteed by Gierre because partially dependent on services provided by third parties, by third-party technologies and infrastructures and also because the very structure of the Internet it is not under the control of Gierre.

User withdrawal consumer

32.‭The user who is a consumer and who is registered has the right to terminate the contract pursuant to art. 64 of the Consumer Code (Legislative Decree. 06/09/2005 n. 206) and other applicable provisions, if any (for example, as provided by Resolution AGCOM 23 November 2006 n. 664/06 / CONS, as amended, exc.).

33.‭ ‬The right of withdrawal may be exercised in writing, within ten working days from the conclusion of the Contract or other period provided by art. 65 of the Consumer Code, by registered ar with acknowledgment of receipt.
The communication can ‘be sent, within the same period, by telegram, telex, e-mail and fax, provided it is confirmed by registered letter with acknowledgment of receipt within forty-eight hours; this shall be considered sent in time if delivered to the post office within the period specified above. The acknowledgment of receipt is not, however, be considered sufficient for the exercise of the right of withdrawal.

Obligations

34. You may not upload to the Site Content that does not have the right to upload or that violate criminal, administrative, fiscal, mandatory or third party rights and is the only responsible for the content they upload to the site.

35. ‭ In using the various services offered by Gierre, the User agrees to comply with the rules in force in Italy and in the country where he resides or is established or operates even temporarily, and more general, to bring the utmost respect for the community of users, for individuals and for third parties who are not Users of the Website.

36. ‭ You may not submit or publish libelous, defamatory, libelous, pornographic, an invasion of privacy, copyright, obscene, abusive, illegal, racist, harmful to minors, discriminatory or any other material that would violate the law or that could offend or harm the rights or interests of other Members, to Gierre or third parties. any violation of these rules allows Gierre to remove at any time and without prior notice the contents deemed inappropriate or that violate the rights of others and to close the User Profile.

37. The procedures, costs and communication costs to the competent authorities for the activities that the user performs through Gierre are borne by the user. For example, those relating to sale of goods or rendering of services, to the processing of personal data, to the enforcement of intellectual property rights or industrial, publishing, retention of traffic data and other possibly applicable in Italy or in the place where the user operates.

Limitazione di responsabilità

38. ‭ Gierre does not guarantee that the Website and the services provided by the Site will be uninterrupted or error-free, that the site is reliable, safe, satisfactory quality, or free of viruses or other harmful components, that the Site is always available. In particular, the User acknowledges that there are no software error-free and that may happen that the service providers may terminate the same.

39. ‭You acknowledge that the Site and all content and materials contained in it are provided to users “as is” and that the site is made accessible to third-party services (Internet service providers, suppliers of connectivity, hosting providers, etc.).‭

40. ‭ Therefore, except in cases of willful misconduct or gross negligence, and others expressly provided by law, Gierre not be liable for any damages suffered by you, even if indirect or consequential, for any loss of data, income, assets or profits suffered by you, for any claims for damages by the user because of the availability or unavailability of third party websites or the User’s reliance on advertising, products, services or other content or materials available through the websites of third parties for any claims for damages by the User based of products or services provided by third parties through the Site or based on services provided by third parties, for the violation of rights of third parties, for the non-availability of the Site, for the non-availability of services that used to keep Gierre online site. in all cases, always the maximum extent permitted by applicable law, the liability of Gierre towards the User may not exceed the amount paid by you to Gierre over the last year and in any case up to the maximum amount of EUR 100.00 (one hundred)..

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41.‭ The Gierre files and computer systems, and may be required as evidence in disputes between

Intellectual propertye‭

42.‭ The trademarks, logos and other content uploaded by Gierre Site, such as text, drawings, icons, images, photographs, videos, audio files and any other material, also not protected by intellectual or industrial property rights, are owned by Gierre, or license it had given in, and protected by the laws on copyright, trademark, and other intellectual property rights and relevant industry.

43.‭ ‬These trademarks and may not be reproduced, used or represented without the prior written permission of Gierre or the rightful owner. Some of these brands, logos, content, etc. could not be loaded from Gierre of Gierre property but parties that have attributed to Gierre the right to use them. in this case, the aforementioned activities must be authorized by Gierre or the rightful owner.

44.‭ The User shall indemnify any pecuniary and non-pecuniary, even unpredictable, in Gierre resulting from breach of industrial and intellectual property rights or other rights attached to them on such materials and shall indemnify and hold harmless from Gierre negative consequences, including legal and technical costs, arising from the violation of these rights by the User or third parties as a result of User behavior.

45.‭You may not upload Contents, such as texts, drawings, icons, images, photographs, videos, audio files and any other material, also not protected by intellectual or industrial property rights, and any other material that does not have the right to load according to Italian law and the law of the place where the user resides or is established or operates also temporarily or as a result of a contract or the rights of others.

46.‭ ‬Any violation of these rules allows Gierre delete the User Profile or to remove at any time and without notice the contents deemed inappropriate or that violate the rights of others, and to close the profile of user.

47.‭ ‬Notwithstanding the foregoing, with the loading of any Content on the Site, whether or not protected by the rights of industrial or intellectual property, you grant Gierre licensed nonexclusive , irrevocable, perpetual, it extended to the whole world, unlimited, transferable definitively or temporarily, for free, to use, copy, modify, , alter, improve, distribute, disclose, distribute, publish, remove, retain, add, process, analyze, use and market, using any technique, manner or medium available today or will be available in the future the content itself.

48.‭ ‬The User shall indemnify any pecuniary and non-pecuniary, even unpredictable, in Gierre arising from the breach of the obligations contained in this article and will indemnify and hold Gierre from the negative consequences, including legal fees and techniques, arising from breach of these Obligations by the User or third parties as a result of User behavior.

Responsibility

49.‭ You acknowledge that Gierre is not an auction site or brokerage but only a virtual place where users can buy the products.

50.‭ Users Gierre exempt from any liability associated with the contracts that the Users conclude through the Site and any activities that users perform through the Site. Gierre is in no way responsible for economic losses, goodwill or for damage to reputation or for any direct, indirect or consequential damages arising from the use of the Website and the Gierre services.

51.‭You waive any action against Gierre, except in cases of willful misconduct or gross negligence of Gierre, and the maximum extent possible from the consumer law if applicable, for the communication and diffusion by other information or personal data Users you believe violate her right to the image, to portraits, to privacy, personal identity, to ‘forgetfulness, honor, reputation, goodwill, image and commercial interest or any other subjective rights, and for any behavior of Members site, also external to the site, including any event associated with sales, which the User can be considered due to balance sheet or non-pecuniary damage.

52.‭‭ ‬In any event, except in cases of willful misconduct or gross negligence of Gierre and the maximum extent possible from the consumer law if applicable, any compensation for the responsibility of Gierre against a user is limited to any amount paid by that User to Gierre in the previous twelve months or until the maximum amount of EUR 100.00 (one hundred euro)..

53.‭ ‬The User assumes all responsibility, relieving and holding harmless Gierre for damage claims of third parties arising from any activities carried out through the Site, by Products offered through the Site, by content placed on the site, and any other relationship between you and Gierre. You will support, or, if prepaid, will reimburse Gierre, all expenses legal, technical, for the collection of evidence, for travel also of witnesses and any other connected indirectly to any judgments, subject to the right of Gierre to choose their own lawyers and consultants.

54.‭ You agree to indemnify and hold harmless Gierre as well as employees, managers, agents, any of the group companies and their employees, from any claim or demand, including attorneys’ fees, made by third parties and caused by or arising from a breach of contract or breach of any law or the rights of third parties.

Third Party Sites

55.‭ The Site may contain hyperlinks to third party websites from which Members may purchase products and services.

56.‭ Gierre is not responsible for purchases of products or services provided by third-party websites, or control the content of third party websites. Any damage claims relating to products or services provided by third-party sites, or connected to any type of damage suffered by you as a result of the use of the third party website should be addressed to the specific website in question. the use of web sites third party is subject to the terms and conditions of use stated in the specific website in question.‭

Rules for the sale of Products

57.‭ The Sale Agreement is concluded when the buyer completes the purchase process on the Site.

58.‭ ‬The Contract of Sale shall be deemed always concluded in Italy as Gierre and ‘Italian, regardless of where the parties of the Contract of Sale resident or established when carrying out negotiations..

59.‭ The Contract of Sale shall be governed by Italian law. Therefore, since Italy is part of the Vienna UN Convention on the International Sale of Goods Furniture, that will govern the Convention Agreement Sale.

60.‭ ‬If the Buyer is a consumer shall apply also to the rules of the Italian Consumer Code, or the corresponding provisions contained in the law applicable to the Contract of Sale.
Gierre will provide the legal guarantee provided by the Italian Consumer Code (Legislative Decree no. 206/2005).

Complaints

61. For any claim, dispute or complaint, the User must use the Service Complaints and procedures. Written complaints may be forwarded to Gierre Srl, Via Torretta 36 / A 40012 Calderara Di Reno Bologna, Italy

63.‭ Any tolerance or non-exercise of any right by Gierre against a Member that is not a waiver of that right, which may be exercised at any time from Gierre.

Communications

64.‭ Gierre will effectively communicate with you by sending an email is not certified to the address provided at registration or changed later. The Gierre communications means lawfully received by the User twenty-four hours of submission.

65. ‭You agree to immediately notify Gierre change your email address.

Applicable lawe

66.‭ This agreement and any relationship between you and Gierre and between Users are governed by Italian law.

67.‭ ‬All disputes arising from the Contract or related thereto which may arise between the parties, they are obliged to resort to the mediation process run by OCF – Conciliation Body of Florence, writing to the n. 37 of the Register of mediation organizations kept by the Ministry of Justice. in the proceedings will apply the mediation rules and rates adopted by OCF, of which the parties are edotte. the process will be triggered by the most diligent party, by application to the Secretary of OCF in the manner prescribed by the Regulations.

68.‭ Notwithstanding the foregoing, if mandatory rules provide for the user who is a consumer the possibility to activate the mediation procedure envisaged in Resolution AGCOM 19/04/2007 n. 173 / 07 / CONS, this will prevail on the mediation procedure OCF.

69.‭ Any dispute between the User who is not a consumer, or that it is a consumer without residence or domicile in the European Union, and Gierre regarding this Agreement, the registration, use of the Site will be subject to the exclusive jurisdiction of the Judicial Authority Italian with exclusively by the court of Florence. the parties expressly agree to being totally excluded any claims other than Italian, and any another different hole from the court of Florence.

70.‭ ‬Any dispute between the User who is a consumer with residence or domicile in the European Union, and Gierre regarding this Agreement, the registration, use of the Site, It will be subject to the exclusive jurisdiction of the Judicial Authority with Italian jurisdiction of the courts of the place of residence or domicile of the consumer

71.‭ ‬The parties expressly agree to being totally excluded any claims other than Italian.