General terms of use

This website, www.cosmeralda.it, together with its related services and content (hereinafter the “Website”), is made available to users and/or customers (hereinafter the “Users” or the “User”) for the promotion and sale of consumer goods by SardegnaSummer Srl and for the provision of related services, such as, by way of example, the newsletter and contact form (hereinafter the “Purposes”).

The Website is owned by SardegnaSummer Srl, with registered office in Nuoro (NU), Via Donatori di Sangue no. 25, VAT No. 01388260919.

Access to, consultation of, registration with and any use of the Website and its related content and services, as well as the purchase of products offered therein (hereinafter the “Use” or “Using”), are governed by these General Terms of Use (hereinafter the “General Terms of Use”).

Use of the Website implies knowledge of these General Terms of Use and entails their full and unconditional acceptance.

Users are therefore invited to carefully read these General Terms of Use, as well as the Privacy Policy and the General Terms and Conditions of Sale, before Using the Website.

1. USE OF THE WEBSITE
1.1

Use of the Website is authorised exclusively for personal purposes strictly related to the Purposes and may not, even in part, be connected with any professional, business, craft and/or commercial activity.

1.2

Use of the Website is permitted exclusively to persons of legal age.

1.3

When Using the Website, the User undertakes not to:

a) provide false and/or incorrect information and/or data, or information relating to third parties without their consent, and/or make improper use thereof;

b) upload, communicate and/or transmit materials, content, links, files or anything else that:

I. are obscene, intimidating, offensive, harmful, violent, fraudulent, confidential or unlawful;

II. constitute spam, pyramid or chain communications, or any other form of advertising, commercial or promotional communication not authorised in writing by the Operator;

III. are technically dangerous or harmful, such as computer viruses, malware, code and other tools that may damage the computer systems of the Operator or third parties;

c) may interfere with, interrupt, damage, breach and/or tamper with the Website and its normal operation;

d) may infringe the rights of third parties, the General Terms of Use and the General Terms and Conditions of Sale available on the Website and/or any provision of applicable law, including, by way of example, Italian Law No. 633 of 22 April 1941 on copyright, Regulation (EU) 2016/679 (GDPR), and Italian Legislative Decree No. 196 of 30 June 2003 on the protection of personal data.

1.4

The Operator reserves the right, at any time, to interrupt, suspend and/or revoke Use of the Website, including on the basis of its own discretionary assessments and without any obligation to provide reasons.

The User acknowledges and agrees that the Operator shall under no circumstances be held liable for any interruption, suspension and/or revocation of Use of the Website.

2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS AND DATABASE RIGHTS
2.1

All rights relating to content present or made available on the Website or connected thereto, including, by way of example and without limitation, texts, images, photographs, music, sounds, videos, drawings, logos, graphics, layouts, source code, software, designs, technical solutions adopted and the structure created for the Website, and databases (hereinafter the “Content”), are owned by the Operator and/or their respective owners who have direct and/or indirect commercial relationships with the Operator, and are protected by applicable national and international laws concerning intellectual property, industrial property and/or database rights.

2.2

With the exception of the temporary reproduction of Content for activities having no independent economic significance and strictly related to the Purposes, it is prohibited to modify, reproduce, publish, transfer, distribute and/or otherwise use the Content, in any form or manner, without the Operator’s express written consent.

2.3

In any event, it is understood that the User’s Use of the Website does not entail the acquisition by the User of any rights over the Content.

2.4

The User may not carry out operations that conflict with the normal management of the database belonging to the Operator and/or to the relevant owners who have direct and/or indirect commercial relationships with the Operator, or that cause them unjustified prejudice.

2.5

Within the limits provided for by applicable national and international legislation protecting intellectual and industrial property rights and/or databases, it is prohibited to systematically extract and/or use Website Content, including through data mining, robots and other data acquisition and extraction systems, as well as to create and/or distribute collections of data reproducing all or part of the Website Content and services provided, without the Operator’s express written consent.

3. TRADEMARKS AND DOMAIN NAMES
3.1

The trademarks, domain name and all other distinctive signs contained in and/or connected with the Website are exclusively owned by the Operator or their respective owners who have direct and/or indirect commercial relationships with the Operator.

3.2

The use of such distinctive signs in any form or manner is prohibited without the prior written consent of the Operator or the respective owners.

3.3

In any event, it is prohibited to use the name of the Operator and of parties having direct and/or indirect commercial relationships with the Operator, as well as any distinctive signs owned by them, such as domain names and trademarks, by means of metadata, including, for example, meta tags and keyword tags, without the written consent of the Operator or the respective owners.

4. LINKS TO OTHER WEBSITES
4.1

The Website may contain hyperlinks or “links” to other websites that may have no connection whatsoever with the Website.

4.2

Such links are provided by the Operator solely to facilitate Users’ browsing of the internet and access to other websites.

4.3

The inclusion of a link does not imply any suggestion, sponsorship and/or recommendation by the Operator regarding the Use of the linked websites, nor any guarantee as to their content, services and/or goods offered and/or sold therein.

4.4

The Operator does not control in any way websites accessed through links, nor the information, materials and products contained therein.

Accordingly, the User acknowledges and agrees that the Operator may not be held liable for the actions, services, products, content and policies of such websites, including with regard to the processing of personal data and terms and conditions of sale.

4.5

Users are therefore advised to carefully read the terms of use, terms and conditions of sale, privacy policies and any other legal notices available on websites other than the Website.

5. LINKS TO THE WEBSITE
5.1

Hyperlinks to the Website may be activated subject to prior written authorisation from the Operator.

For this purpose, Users are advised to contact the Operator at the following email address: info@cosmeralda.it.

The Operator shall at all times have the right to object to the activation of links directed to the Website, including where the requesting party has previously engaged in unfair commercial practices, practices not compliant with industry standards, acts of unfair competition or conduct damaging to the reputation of the Operator.

5.2

The activation of deep hyperlinks to the Website, including, by way of example and without limitation, deep links or deep frames, is prohibited without the Operator’s written consent.

6. USE OF THE PERSONAL ACCOUNT
6.1

The User undertakes to provide correct and complete information when registering a personal account and to promptly notify the Operator of any changes to the information provided.

6.2

Users holding a personal account on the Website undertake to keep their login credentials confidential and to monitor the proper operation of their account, immediately notifying the Operator of any unauthorised use or attempted use of their account by third parties.

6.3

The User agrees to be regarded as solely responsible for all actions carried out through their account, as well as for any harmful consequences or damages that may be suffered by the Operator or third parties as a result of the use of the personal account in breach of the General Terms of Use, any other legal notices contained on the Website and/or applicable laws, as well as as a result of the loss or theft of login credentials.

6.4

The Operator reserves the right, at any time, to suspend, modify or delete the personal account of any User in the event of a breach of the General Terms of Use, any other legal notices contained on the Website, applicable laws or regulations, or on the basis of the Operator’s own discretionary assessments and without any obligation to provide reasons.

The User acknowledges and agrees that the Operator shall under no circumstances be held liable for any suspension, modification and/or deletion of their personal account.

7. WARRANTIES AND LIABILITY FOR USE OF THE WEBSITE
7.1

The Operator provides the Website in its current factual and legal condition, without any express or implied warranty to the User.

7.2

The Operator does not guarantee the proper operation of the Website or of any websites directly or indirectly connected to it.

To the extent permitted by law, the Operator shall not be liable for any damage resulting from the Use of the Website or websites belonging to third parties that are directly or indirectly connected to it, including, by way of example, damage to computer systems, loss of data or business opportunities, interruption of business activities, or damage arising from errors, delays, omissions or inaccuracies on the Website.

7.3

The User acknowledges and agrees that the Operator may not be considered in breach of its obligations or held liable for any damage caused by the failure or malfunction of the User’s or third parties’ hardware and software components, telephone and/or telecommunication connections not directly managed by the Operator, or the actions of other Users and/or third parties.

7.4

The User is solely responsible for their Use of the Website.

To the extent permitted by law, no liability may be attributed to the Operator for Use of the Website by the User that is contrary to applicable laws, the legal notices contained on the Website and/or the rights of third parties.

To the extent permitted under applicable law, the User undertakes to indemnify and hold harmless the Operator from and against any costs and damages, including legal fees, arising from the User’s Use of the Website in breach of applicable laws, the legal notices contained on the Website and/or the rights of third parties.

8. PRIVACY POLICY
8.1

With regard to the processing of Users’ personal data, reference is made to the Privacy Policy.

8.2

For the use of specific services provided at the User’s request, specific information notices will be provided and, where required, specific consent to the processing of personal data will be requested.

9. NOTICES
9.1

The Operator has adopted every reasonable measure to prevent the publication on the Website of content describing or depicting scenes or situations involving physical or psychological violence, or content which, according to Users’ sensitivity, may be considered harmful to civil values, human rights and human dignity in all its forms and expressions.

In any event, the Operator does not guarantee that the Website Content is appropriate or lawful in countries outside Italy.

However, where such Content is considered unlawful or illegal in any such country, access to the Website is discouraged. Should the User nevertheless decide to access the Website, the User shall be solely and personally responsible for the Use made of the services provided.

9.2

Without prejudice to the Website’s legal notices and applicable laws, the Operator reserves the right to modify, at any time and without prior notice, any information, content or other element of the Website.

9.3

Any delay or failure by the Operator and/or third parties having direct or indirect commercial relationships with the Operator to exercise any right under these General Terms of Use, any other legal notices contained on the Website or applicable laws shall not constitute a waiver of the right to exercise such right in relation to acts already carried out or acts that may be carried out in the future.

10. APPLICABLE LAW AND DISPUTE RESOLUTION
10.1

These General Terms of Use are governed by Italian law.

10.2

In the event of disputes arising from these General Terms of Use between the Operator and the User, the User may access the European Commission’s online dispute resolution platform through the following link:

https://webgate.ec.europa.eu/odr

11. AMENDMENTS TO THE TERMS OF USE
11.1

The Operator may amend these General Terms of Use, in whole or in part, including in consideration of any changes in legislation and/or its commercial policies.

Any amendments to the General Terms of Use shall be communicated to Users on this page of the Website and shall become binding as soon as they are published on the Website.

11.2

The User shall be subject to the version of the General Terms of Use in force at the time the User Uses the Website.

12. CUSTOMER SUPPORT
12.1

For assistance relating to Products, further information, suggestions, complaints and/or any other requests, the Customer may contact the Operator’s customer service department at any time through the Contact form or using the following contact details:

By email: info@cosmeralda.it

By post: SardegnaSummer Srl, registered office at Via Donatori di Sangue no. 25, Nuoro (NU), Italy.