General Conditions of Use
- 1. Premise
Welcome to the website "www.fitmemontecarlo.com", the official online store of FITME MONTECARLO (hereinafter the "Site") with registered office in Le Botticelli, 9 Avenue des Papalins - 98000 Monaco MC, tax code, VAT FR87000151539, Monaco Business Register enrolment no. 20S085418. The Website is managed and maintained by Triboo Digitale S.r.l. with registered office in Viale Sarca, 336 - 20126 Milan, Italy, tax code, VAT number and registration number in the Milan Companies’ Register 02912880966 (hereinafter "TD").
Access to and use of the Site are governed by these General Conditions of Use (hereinafter the "General Conditions"). Access to and use of the Site, as well as the purchase of products, require reading these General Conditions as well as the general terms of sales and imply their understanding and acceptance.
If you do not agree, in whole or in part, with these General Conditions, please do not use our website.
Anyone who accesses and uses the Site implicitly declares not to use the Site for illegal purposes or in any case for purposes contrary to current laws.
TD may modify or simply update these General Conditions, in whole or in part. Changes and updates to the General Conditions will be notified to users on the Site Homepage as soon as they are adopted and will be binding as soon as they are published on the Site in this same section.
If a clause of these General Conditions of Use is deemed illegal, null or for any reason ineffective, its invalidity or ineffectiveness will not affect the validity or effectiveness of the remaining provisions.
- 2. Site content
Access to and use of the Site, including viewing web pages, communicating with TD, the possibility to download information on products and purchase them on the website, are activities conducted by our users exclusively for personal purposes, unrelated to any commercial, entrepreneurial and professional activity.
- 3. Disclaimer
By accessing the Site you will be the only responsible for the use of the same and its contents. In fact, TD cannot be held responsible for any use of the Site and its contents that does not comply with the laws in force by each of its users, without prejudice to TD's liability for wilful misconduct and gross negligence. In particular, you will be the one and only responsible for the communication of incorrect or false information and data relating to third parties without their consent, as well as for their incorrect use.
Under no circumstances can TD be held liable (for any reason, whether contractual or extra-contractual) for any direct, indirect, incidental, accessory or other pecuniary or non-pecuniary damage (including, by way of example, damage for loss of profit or of income, loss of data or programming, even if the possibility that such damages may occur has been reported to TD) deriving from the use of the Site and / or from any material that will be downloaded or obtained through the use of the service and the Site by the user, including, but not limited to, damage to systems or computers or loss of data resulting from download operations, as well as any damage resulting from inaccessibility to the services on the Site or caused by viruses, damaged files, errors, omissions, service interruptions, deletion of contents, problems connected to the network, to providers or to telephone and / or telematic connections, to unauthorised access, to alteration of data, to the failure and / or faulty functioning of the user's electronic equipment.
The user is responsible for the custody and correct use of his/her personal information, including the credentials that allow access to the reserved services, as well as for any harmful consequence or prejudice that may arise against TD or third parties as a result of the incorrect use, loss, theft of such information.
The user acknowledges that any proposals, projects, concepts, photographs, contributions or any other content and material (excluding personal data) communicated or sent to TD through the Site or in other ways do not constitute confidential material and will become, completely free of charge, owned by TD, which is not required to keep them confidential nor is it required to publish or disclose them, all of which are within TD's discretion. By the mere fact of sending the aforementioned materials, the user guarantees that they do not violate any rights of third parties in any way, including, by way of example and not limited to, the rights relating to copyright, trademarks, patents, trade secrets, confidentiality and other proprietary or personal rights.
- 5. Intellectual Property Rights
All content, in any format, published on the Website, including web pages, graphics, colours, schemes, tools, fonts and website design, diagrams, layouts, methods, processes, the functions and software that are part of the Site are protected by copyright and any other intellectual property right of Sarl Fitme and TD and other rights holders. Reproduction, in whole or in part, in any form, of the Site and its contents, without the express written consent of Sarl Fitme and TD is prohibited. Sarl Fitme and TD have the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Site and its contents. With regard to the use of the Site, you are only authorised to:
(i) view the site and its contents;
(ii) carry out any temporary acts of reproduction, without economic significance, which are considered transitory or ancillary, and which are an integral and essential part of the display of the site and its contents;
(iii) all other navigation operations on the website that are performed only for a legitimate use of the same and its contents.
Any further act of reproduction must be, from time to time, authorised by Sarl Fitme and TD or, if necessary, by the authors of the individual works contained in the website. Such reproduction operations must in any case be carried out for lawful purposes and in compliance with the copyright and other intellectual property rights of Sarl Fitme and TD and the authors of the individual works contained in the website. The authors of individual works published on the Site have, at any time, the right to claim the authorship of their works and to oppose any deformation, mutilation or other modification of the works themselves including any damage caused to the works, which is of prejudice to their honour or reputation. You undertake to respect the copyright of the artists who have chosen to publish their works on the Site or who have collaborated with it in the creation of new expressive and artistic forms intended to be published, even if not exclusively on the website, or, again, which form an integral part of it. Furthermore, you are not, under any circumstances, authorised to use, in any way and form, the contents of the website and every single work protected by copyright and any other intellectual property right. By way of example, you will not be able to alter or, in any other way, modify the contents and protected works without the consent of Sarl Fitme and TD and, where necessary, of the individual authors of the works published on the Site.
- 6. Governing Law and Jurisdiction
These General Conditions are governed exclusively by Italian law and interpreted in accordance with the same.
If you are a consumer, for the legal relationships governed by these General Conditions, please refer in particular to the legislative decree 6 September 2005, n. 206, bearing the "Consumer Code", as amended and integrated.
Any dispute deriving from or concerning the existence, validity, effectiveness, interpretation and application of the General Conditions and any other agreement that refers to them and in any case any and all disputes connected to them will be exclusively referred to the jurisdiction of the Italian Judge and the Court of Milan will be competent in particular, without prejudice to the exceptions imposed by mandatory rules for the protection of the Consumer.
- 7. Information
- 8. Referral clause
For anything not provided for by these General Conditions, please refer to the General Conditions of Sale, where applicable.
Foreign language versions
In the event of any discrepancy between the original text in Italian of these General Conditions and the translation into any other language, the original text in Italian will be considered as the prevailing and binding version.