GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE

These General Terms and Conditions of Use (hereinafter, the “Terms and Conditions of Use”) govern the terms for the use of the website www.dilisaofficial.com (hereinafter the “Website”) owned by Idea Ricami Srl, with registered head office in Via Roma, 140 – 36040 Torri Di Quartesolo (VICENZA), registered with the Business Register of Vicenza under the number VI228579 (hereinafter “Idea Ricami”).

 

  1. User Access

The user accessing the Website (hereinafter “User” and/or “Users”) hereby acknowledges and agrees to the application of these Terms and Conditions of Use in force and published at the time of their access to the Website. Any access to the Website by a User is subject to these Terms and Conditions of Use.

 

  1. Privacy policy and cookie policy

The information notice on the processing of personal data and the use of cookies is published on the Website and applies to any use made of the Website by the User. Users are encouraged to read such information notice carefully in order to learn about their rights and obligations.

 

  1. Intellectual and industrial property

“DiLisa” is a trademark currently being registered with the Italian Patent and Trademark Office and with the European Union Patent and Trademark Office, so any use by third parties of the same or of any similar identifying sign that may cause confusion as to its origin or ownership is expressly prohibited without the prior written permission of Idea Ricami. The Website “www.dilisaofficial.com” is a domain registered by Idea Ricami. It is forbidden for third parties to use such domain and the trademark “DiLisa” without prior written permission from the owner.

Idea Ricami owns all rights to the contents, design, and the custom part of the source code of the Website, including but not limited to photographs, images, texts, logos, designs, trademarks, trade names, and data available on the Website. The contents of the App Website is also considered computer software and, consequently, current national and European copyright law also applies to it.

Reproduction in whole or in part of the Website, including through hypertext links, as well as of any part of the contents without the express prior written permission of Idea Ricami is expressly prohibited. Copying, reproducing, adapting, modifying, distributing, marketing, communicating to the public and/or performing any other action involving an infringement of current national, European and/or international legislation on intellectual and/or industrial property, as well as the use of the contents of the Website without the prior express and written authorization of Idea Ricami, are also absolutely prohibited. Any unauthorized use of such contents such as copying, inclusion in frames, and its association with contents not originated on this Website shall be prosecuted to the fullest extent of the law.

Idea Ricami hereby informs that it does not grant any explicit or implicit license or authorization on intellectual and/or industrial property rights or any other right or property related, directly or indirectly, to the contents present on the Website.

 

  1. Idea Ricami Responsibilities

Idea Ricami makes every effort to ensure uninterrupted availability of the Website. However, access may be temporarily interrupted due to maintenance activities, uploading of updates, new products, or problems beyond Idea Ricami’s control.

Idea Ricami assumes not any liability arising from, but not limited to:

(a) the use that the User may make of the materials available on the Website, whether or not such use is prohibited or infringes the intellectual and/or industrial property rights that Idea Ricami has on the contents of the Website;

(b) any damages and prejudices arising from the Users as a result of a normal or abnormal use of search tools, the organization or localization of contents and/or the access to the Website and, in general, from errors or problems caused in the development or implementation of technical elements that the Website or a program may make available to the User;

(c) the contents of pages that the Users can access through links included on the Website, whether authorized or not;

(d) the acts or omissions of third parties, regardless of whether such third parties may be contractually bound to Idea Ricami;

(e) the access by children under the age of 18 to the contents on the Website, it being the responsibility of the parents or guardians to exercise adequate control over the activity of the children or minors subject to their care or to install tools to control the use of the Internet in order to prevent access to materials or content unsuitable for children, as well as the sending of personal data without the prior authorization of the parents or guardians;

(f) errors or delays in access to the Website by the User when entering their data during the purchase procedure, the slowness or inability to receive confirmation of the User’s order or any anomaly that may occur when such events are due to Internet network problems, fortuitous event or force majeure, or any other event not foreseeable in good faith by Idea Ricami;

(g) defects or problems that may occur in the communications, such as deletions or incomplete transmissions. For these reasons it is not guaranteed that the services of the Website are constantly operational;

(h) errors or damage caused to the Website by improper and/or fraudulent use by the User;

(i) the inoperability or problems with the e-mail address provided by the User for account registration, newsletter registration and/or the transmission of the order confirmation.

Idea Ricami is committed to solving the problems that may arise and to offer all necessary assistance to the User to attain a quick and satisfactory solution to the inconveniences that may occur on the Website. Moreover Idea Ricami shall not be held liable in any way whatsoever for actual, direct, indirect, incidental, emergent damages or any other kind of damages resulting from the use or inability to use the information, products or materials present on the Website or relating to the quality of the same, as specified in the “General Terms and Conditions of Sale“.

 

  1. Information on fraudulent practices

Products are available exclusively on the Website. Idea Ricami informs its Users of the possibility that third parties may attempt to fraudulently posing as Idea Ricami in order to obtain from the Users their personal data and carry out unlawful activities. In the interest of the User, an illustrative list of fraudulent practices that are sometimes engaged in by such entities is provided below:

– Trying to register domains similar to those of Idea Ricami, copying the logo and appearance of the Website to confuse and deceive the User;

– Sending an e-mail to the User, posing as Idea Ricami and/or DiLisa and asking them to click on a link in the e-mail;

– Posting promotions on social networks posing as Idea Ricami and/or DiLisa and asking the User to enter a set of personal information or click on a link to participate in, for example, a sweepstakes and/or a raffle.

These types of practices are known as “phishing” and aim at illegally obtaining data from the User (e.g., passwords or credit card numbers). To avoid becoming a victim of these practices, it is important that the User accesses only the Official Website of Idea Ricami and ignore e-mails or links in social networks where they are asked to click on a link and enter personal information.

Idea Ricami never solicits Users’ personal information via e-mail or through social networks or links.

Moreover, Idea Ricami warns the User that pop-up messages may appear during the purchase process in which, through the fraudulent use of the Idea Ricami’s trade name and trademark, the User is invited to fill out a survey in exchange for a gift or gift certificate of a certain value. Idea Ricami informs that these are not and will not be promotions of Idea Ricami.

Under the circumstances described above, the User should exercise extreme caution and immediately report such event to Idea Ricami. The telephone number and e-mail details to get in contact for this purpose with Idea Ricami are available on the Website. Idea Ricami provides the above information for the purpose of informing and raising awareness, with the express understanding that this information does not imply professional advice or any exemption of liability on the part of Idea Ricami, and Idea Ricami shall not be held liable for fraudulent uses of the DiLisa trademark that may be made by third parties.

Idea Ricami also informs Users that it is not able to control the programs or files that may be placed on the User’s computer while browsing the Internet, and recommends that the User take the necessary preventive and security measures (such as, for example, installing antivirus software and constantly taking care of security updates), so that the User is protected from possible attacks by third parties. If the User is aware of fraudulent actions, they may contact Idea Ricami and try to take the necessary measures indicated in this regard.

 

  1. Social networks and advertising

Idea Ricami informs its Users that it has its own profile (“Fanpage”) on the following social networks: Facebook and Instagram (the “Social Networks”). Fanpages were created with the main purpose of advertising Idea Ricami’s “DiLisa” branded products.

The User can join Groups or Profiles that Idea Ricami has in the different Social Networks. The User who becomes a fan of any of these Groups or Profiles, thereby showing interest in the information advertised on the Social Network, agrees to the terms and conditions of use and privacy policy of the corresponding Social Network. Idea Ricami may access and process such information of a public nature of the User, and in particular their contact name and other public data. Users can access the privacy policies of the Social Network themselves at any time, as well as configure their profile to ensure their privacy.

 

  1. Use of User Profile

Idea Ricami may proceed with the following actions:

– Access to the public profile information;

– At the User’s request, publication on the User profile of information that has been previously published on the Idea Ricami page;

– Sending individual messages through the different Social Network channels, where present;

– Page status updates, which shall be displayed in the User profile.

The User may, at any time, check their connections and delete contents that they no longer deem of interest. The user may also modify and limit the people with whom they share their connections through the privacy setting.

 

  1. Partial disability

In the event that any clause of these Terms and Conditions of Use is declared invalid, the other clauses shall remain in force and shall be construed considering the purpose of these Terms and Conditions of Use.

 

  1. Waiver of rights

The failure of Idea Ricami to exercise any right under these Terms and Conditions of Use shall not be construed as a waiver of such right, except in the case of an express waiver in writing by Idea Ricami or a statute of limitations for the action.

 

  1. Communications between Idea Ricami and the User

All notices sent by Idea Ricami to the User regarding these Terms and Conditions of Use or the purchase of Products through the Website shall be in writing to the e-mail address provided by the User when registering for the account and/or placing the order and/or through the Section: “Contacts”, as well as in accordance with the communication procedures set forth herein.

The User may also contact Idea Ricami at the support e-mail address: info@dilisaofficial.com.

In the remaining cases not explicitly regulated by these Terms and Conditions of Use, the communications that the User intends to send to Idea Ricami shall be transmitted to the address of Idea Ricami provided under Article 1 above and must be in writing, through a system that allows Idea Ricami to confirm their content and receipt.

 

  1. Modification of terms and Conditions of Use

Idea Ricami reserves the right to change, at any time and without notice, the layout and configuration of the Website, as well as these Terms and Conditions of Use. Users shall always have the current version of these Terms and Conditions of Use available on the Website, which they can freely access at any time. Whenever accessing the Website, Users should read these Terms and Conditions of Use carefully. In any case, by registering on the Website as well as making any purchase through the Website, the User fully accepts these Terms and Conditions of Use. The acceptance of these >Terms and Conditions of Use constitutes a preliminary and indispensable step for the purchase any Product made available through the Website.

 

  1. Applicable Law and Court Having Jurisdiction

These Terms and Conditions of Use are governed by Italian law. In the event of any dispute or controversy arising out of these Terms and Conditions of Use and for the resolution of any conflict, Idea Ricami and the consumer User shall be subject to the jurisdiction of the court of the city where the consumer User have their residence or domicile. For the purposes of these Terms and Conditions of Use, a “consumer” is considered to be the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, pursuant to Article 3 of the Italian Consumer Code.

The User is hereby informed that the European Commission also provides consumers with a portal for amicable online dispute resolution (Article 14(1) Regulation (EU) No 524/2013), which can be accessed on the website: http://ec.europa.eu/odr.