WEBSITE GENERAL CONDITIONS OF USE
By browsing and using the website accessible via the URL www.mmgrigliati.com (hereinafter “Website”) the user fully agrees to accept these general conditions for the use of the single services and/or contents and/or materials whatsoever (hereinafter “Contents”). The user confirms that s/he has read and hereby agrees to accept these General Conditions of Use and/or any other note, legal notice, policy or disclaimer published in any part of the Website.
The representations and warranties set out below are made and given by the user with reference to his/her own actions and the actions of any related third party authorized by the user to use the website.
The use of the Website and the possibility to access the Contents and services is subject to acceptance by the user of the General Conditions of Use. In the event that the user fails to accept such terms and conditions, s/he shall not be entitled to use the Website and download any material thereof. By using and/or browsing the Website the user tacitly accepts these General Conditions.
2. MANDATORY GENERAL INFORMATION
Pursuant to Art. 7 of Legislative Decree No. 70 of 9th April 2003 and Art. 2250 of the Civil Code, the mandatory general information is hereunder provided.
The Website is owned by the company:
Registered Office: Via A. Zanussi 300/302
Tax code/VAT No.: 00477620306
Fully paid-up share capital: € 100,000.00
Please use the following contact details of the company, including the e-mail address, to communicate directly and efficiently with a company representative:
3. CONTENTS AND INFORMATION USE. USER’S REPRESENTATIONS AND WARRANTIES
The information and the Contents available on the Website can be used free of charge. The information and the Contents contained in the Website are purely informative and do not form part of a contract or an offer to the public of the described products and/or services pursuant to Art. 1336 of the Civil Code, neither shall they be regarded as binding in relation to any negotiation or business relationship.
To the extent permitted by applicable law and except where otherwise provided under generally acknowledged business practices, the users accept to use the website at their own sole risk. The Website is delivered on an “as-is” and “as-available” basis. M.M. s.r.l. makes no specific representation as to the results that are expected, desired and obtained through the use of the website.
To the extent permitted by Art. 1229 of the Civil Code, the user represents and warrants that s/he shall indemnify and hold M.M. s.r.l., its representatives, employees, independent contractors as well as its partners harmless from any and all liabilities, including legal expenses, which may arise for them in relation to website use. If applicable law does not provide for an exclusion of liability, M.M. s.r.l.’s liability shall be in any case limited to the extent permitted by law.
The information and the Contents published on the Website have been carefully assessed and examined and have been processed with the utmost care. Errors, inaccuracies and omissions can in any case occur. With reference to the Contents that are freely available on the Website, M.M. s.r.l. cannot be held liable for errors, omissions or any user’s reliance thereon.
Except where otherwise provided, the contents have the sole purpose of providing information and updates and are not exhaustive nor can they be regarded as an expression of an opinion, an advice or a suggestion in making any decision. M.M. s.r.l. shall not be held liable for any action or omission by the user resulting from the use of the website information and contents without first having sought specific advice from M.M. s.r.l.
M.M. s.r.l. declines any liability for any claims by the users regarding the impossibility to use the Website and/or its Contents for any reason whatsoever. M.M. s.r.l. shall not be held liable nor responsible for the damages, claims or losses, either direct or indirect, arising from the failure or malfunction of the electronic equipment of the users or any third parties, including Internet Service Providers, of telephone and/or computer connections which are not directly managed by M.M. s.r.l. or entities under its responsibility, or from acts by other users or people having access to the network.
M.M. s.r.l. reserves the right to disconnect at any time, temporarily or permanently, the Contents (or any part thereof). The user acknowledges and agrees that M.M. s.r.l. shall not be held liable in any way to the users or any third party for the suspension or the interruption of its Contents.
The user undertakes to use the Website and its Contents in a diligent, correct and lawful manner and particularly, by way of example but without limitation, he undertakes to refrain from:
(a) any improper use of the Website made in contravention with the law in force, the General Conditions and any other indications contained in this Website;
(b) any act capable of affecting the rights and interests of M.M. s.r.l. and/or any third party, including intellectual and industrial property rights, or damaging, deteriorating or preventing in any way the normal use of the Website, computer supports or documents, files and any content class stored therein;
(c) reproducing, copying, transforming, distributing, making available or disclosing in any other manner to other websites or to the public any material and/or information contained in this Website, except as expressly authorized by M.M. s.r.l.
M.M. s.r.l. reserves the right to take any appropriate action against the users who do not act in full compliance with these Conditions and especially with the provisions contained in this section.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website and all its Contents are the sole and confidential property of M.M. s.r.l and they are protected by the applicable National and International laws on Intellectual and/or Industrial Property Rights.
For the purposes of the applicability of the provisions set out in this section, “Website” means any Website-based content and computer-technical element, including but not limited to, the software enabling its operation and the related codes, the electronic databases, texts, photographs, press reviews, animations, audio and video files regardless of their format, brand reproductions, logos, trade names of products and/or services, the adopted technical solutions, the graphic designs, the structure and any other part already implemented or to be implemented.
“Contents” means all Website Contents and any other contents, including but not limited to, texts, images, graphic designs, files, software of any kind, audio and video materials, virtual animations, multimedia and/or hypertext elements regardless of their formats, supports, file extension (including but not limited to mp3, wav, jpg, mpeg, gif, doc, etc.), size, versions in use and techniques adopted for their distribution and/or transmission.
The Contents published on the Website may be used under the following conditions:
1) before their use, a written authorization request shall be submitted to M.M. s.r.l;
2) the Contents shall be kept in their original format and, if reproduced, they shall always bear the proprietary details of M.M. s.r.l.;
3) it is mandatory to mention the source, the author and/or owner of Content rights as well as the website address from which the Contents have been taken.
For any question about the use of the Contents available on the Website and/or the Intellectual and Industrial Property Rights, please contact M.M. s.r.l. via email at: firstname.lastname@example.org.
The user undertakes to carefully abide by the conditions of use of the Website Contents and all related Intellectual and Industrial Property Rights. S/he shall be personally liable for all and any unlawful or harmful acts attributable to him/her.
Pursuant to Art. 13 of the regulation (EU) 2016/679 on the protection of presonal data (“GDPR”), M.M. s.r.l. informs the users that the personal data that the company becomes aware of will be processed under the above mentioned regulation and according to the principles of correctness, lawfulness, transparency and privacy protection.
The provided data shall be processed for the following purposes:
A) enabling users to log in and access the Website secure area;
B) sending of advertisements/informative material upon prior specific consent by the concerned person(s).
C) to respond to requests for information, quotes or contact sent to the e-mail addresses on the website.
For the purposes provided for in section A), B), C) the users’ personal data may be transmitted for related processing procedures having the same purposes and limited to the scope of the relationship between the user and M.M. s.r.l.. The data may hence be transmitted to M.M. s.r.l.’s employees, independent contractors, suppliers and advisors, who may become aware of the personal data. The user who provides third-party personal data expressly represents and warrants that s/he has obtained from the concerned third party the authorization to have their personal data processed for the above mentioned purposes by M.M. s.r.l. and the third parties mentioned in this section as well as the explicit authorization to the transmission by M.M. s.r.l. of advertisements/informative material about products and/or services that may be interesting to the user, provided that the related options in the website sections have been selected (e.g. Newsletter service registration). Furthermore, the user confirms that s/he has provided the concerned third parties with the information contained in Art. 13 of the regulation (EU) 2016/679 , especially informing them about the possibility of transmitting their personal data to M.M. s.r.l. for the above-mentioned purposes.
Personal data are entered in our management system and in a Customer Relationship Management (“CRM”) system
In any case, personal data are protected by appropriate technical and organizational measures, in order to guarantee their safety and confidentiality, in compliance with current statutory regulations. The Company has implemented specific security measures to prevent data loss or destruction, unauthorized access, and processing that is either unlawful or not consistent with the purposes for which they were collected. The Company mainly manages personal data in its possession within its facilities, or, in any case, within the EU.
The identification details of the Data Controller are: M.M. s.r.l., having registered office in Udine, Via A. Zanussi 300/302. The data shall be stored at the Data Controller’s premises for ten years, which is considered to be a reasonable time since M.M. s.r.l. deals with the manufacturing and the sale of goods with low purchase frequency..
In applying the GDPR, we inform you that concerned persons may exercise the following rights at any time:
obtain confirmation of whether or not their personal data are being processed, and, if so, obtain access to such data and all information, as set forth in Art. 15 of the G.D.P.R., possibly obtaining a copy thereof, where such request does not damage the rights and freedoms of others;
obtain the correction of their inaccurate personal data without undue delay. Taking account of the processing purposes, concerned parties have the right to obtain the integration of incomplete personal data, also by providing a supplemental statement;
obtain the deletion of their inaccurate personal data without undue delay;
obtain the limitation of processing when any of the cases foreseen in Art. 18 of the GDPR apply;
data portability, namely, to receive personal data of concern provided to the Company, in structured and common-use format that is legible by automatic devices;
To exercise the aforementioned rights, the concerned parties may contact the Company at any time at the following address: email@example.com.
The request for deactivation and cancellation of the subscription to the Newsletter Service may be carried out by the concerned parties at any time by clicking, on the link at the end of the text (“Unsubscribe me”).
In accordance with the requirements of Art. 21, paragraph 4 of the GDPR, the Company guarantees the right to oppose. In particular, Data Subjects shall have the right to object at any time to the processing of personal data concerning them carried out for the purposes of direct marketing or satisfaction surveys.
In this case, personal data are no longer processed for these purposes
Even to exercise the aforementioned right to object, the concerned parties may contact the Company at any time at the following address: firstname.lastname@example.org.
Furthermore, if Data Subjects believe that data processing carried out by the Company is illegal, they can lodge a complaint with the competent Supervisory Authority.
6. NAVIGATION DATA
While the user visits our websites, the information systems assigned to his operation normally acquire certain data the transmission of which is implicit and necessary for the internet to function. This is information that is not collected to be associated with identified persons but that by nature, after being processed and associated with data in the possession of others, could make it possible to identify the users. This category of data would include, for example, the IP addresses and domain names of the computers used by users who connect to the site, the addresses in URI (Uniform Resource Identifier) notation of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the server response (successful, error, etc.) and other parameters pertaining to the operating system and the computing environment used by the user. M.M. srl uses these data for the sole purpose of processing anonymous statistical information about the use of the website and to control its correct operation and are cancelled immediately after being processed. The data could be used to ascertain responsibility in case of possible information crimes to the detriment of the Site.
7. USE OF TECHNOLOGIES FOR ACQUIRING INFORMATION STORED IN THE USERS’ COMPUTER EQUIPMENT (“COOKIES”)
8. AMENDMENTS, APPLICABLE LAW AND COMPETENT JURISDICTION
M.M. s.r.l. reserves the right to modify at any time the Website, the General Conditions and other legal notices wherever published in the Website. Upon visiting the website, the user shall always refer to the text of the General Conditions and other published legal notices as the applicable versions.
Any changes shall become operational when they are published on the Website. By continuing to use the Website following any change, the user agrees to accept such change.
All users may verify at any time, by connecting to the Website, the last version of the terms and conditions of use as updated from time to time by M.M. s.r.l.
The General Conditions, the other legal notices published on the Website and the relationships between M.M. s.r.l. and the Website users have been arranged on the basis of and are governed by Italian laws. All disputes arising between M.M. s.r.l. and the users out of or in connection with the use of the Website and/or its Contents are reserved to the Italian jurisdiction and shall fall within the exclusive jurisdiction of the Court of Udine.
If one or more provisions of the General Conditions and/or the other legal notices published on the Website are declared invalid or unenforceable, they shall however be construed in such a way as to reflect the common intentions of M.M. s.r.l. and the users, in compliance with the remaining provisions of the General Conditions and/or the other legal notices published in the Website.
M.M. s.r.l.’s failure to enforce any rights or provisions contained in these General Conditions and/or in the other legal notices published on the Website shall not constitute a waiver of such provisions unless expressly declared in writing by M.M. s.r.l.