Terms of Service
DEFINITIONS
- Website: this Internet site, http://www.vernice.it/, owned by Vernice s.r.l. (hereinafter "Vernice"), Tax Code and VAT no. 04015141205, with registered office at via Maccaferri 2/A, 40069, Zola Predosa (BO), Italy;
- Products: all the products made by Vernice and advertised and/or put on sale via the Website;
- Service: the range of services and commercial proposals made available by Vernice via the Website, including the ability to make on-line purchases of Products (specifically, the Website offers Visitors an e-commerce service comprising the retail sale of customised products for artists and painters, such as paints with customised colours and shades of colour, as well as bespoke products);
- Visitors: all users of the Website;
- Purchasers: Visitors who use the Website to purchase Products;
- Consumer: any Customer who is a natural person that purchases Products for purposes unrelated to any commercial, industrial, craft or professional activity carried out.
INTRODUCTION
The provisions and conditions specified in this document govern use of the Website and apply automatically to all Visitors who view its webpages. Visitors must read this document carefully on the understanding, in any case, that its contents are accepted in full, without reservations, by visiting the Website. All Visitors must be adults or duly authorised to browse the Website by their parents or guardians. These conditions are additional to and supplement all the other contractual documents accessible via the Website, including the Privacy and Cookie policy and the terms and conditions for the sale of Products via the Website General Conditions of Sale. Vernice reserves the right to amend or simply update these conditions, in whole or in part, at its sole discretion. The amendments and updates will take effect immediately they are published on the Website.
WEBSITE PURPOSES AND SERVICES
The Products presented on the Website are accompanied by technical sheets, always accessible via the footer, that describe their principal characteristics. The images and descriptions of the Products presented on the Website reproduce the real characteristics of the Products as faithfully as possible, although the customised colours displayed may differ from the true shades, due to the settings of the IT and/or telematic systems or the computers/peripheral devices employed by users to view them. The selling prices of all the Products presented on the Website are displayed in the currency chosen by the Customer and include VAT and/or other applicable levies. Subject to exceptions expressly documented in writing, shipping expenses will be borne by the Customer, calculated separately and highlighted prior to confirmation of the order. The on-line shop of the Website is hosted by Shopify Inc., which provides the on-line e-commerce platform for the sale of Products and Services.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS OVER THE MATERIALS PUBLISHED ON THE WEBSITE
The materials, images and information published on the Website are the property of Vernice, which confirms that it owns and/or licenses all the related intellectual property rights. All figurative or nominative trademarks and all other signs, commercial names, service trademarks, word trademarks, commercial denominations, illustrations, images and logos that appear on the Website are and remain the property of Vernice. Unless authorised, any reproductions in any form of the images, explanatory texts or contents of the Website will be deemed infringements of the industrial and intellectual property rights attributable to Vernice. Any uses of the Website or the materials published on it, other than those specifically authorised and/or allowed by the terms and conditions specified on the Website, are strictly prohibited without prior written consent from Vernice.
CHARACTERISTICS OF THE SERVICES
To the maximum extent allowed by the applicable legislation, Vernice makes available the Website and provides the Service "as is" at the time of their use by the Visitor or the Customer. Vernice declines all responsibility for the use, accuracy, completeness, reliability, update and/or approval and/or availability of the Service. Vernice also excludes all warranties of merchantability, suitability for specific purposes, or quality regarding the Website or the Services offered. Vernice reserves the right to correct any errors, inaccuracies and omissions, modifying and updating the information or cancelling orders at any time and without notice.
WARRANTIES AND RESPONSIBILITIES
Visitors are forbidden to use the Website or its contents for illegal purposes, to induce others to carry out unlawful deeds, to infringe intellectual property rights, or to harass, abuse, insult, or discriminate against others. In the event of infringement of any of the above instructions regarding forbidden uses, Vernice reserves the right to prevent the Visitor from using the Service. Visitors have sole personal responsibility for any Comments made and their accuracy. Each Visitor will be responsible for any use made of the materials and will be the sole recipient of any legal action.
NON-REGISTERED USERS
In order to use the Service, Visitors may register with it by providing all the data requested on the related registration form and accepting in full both the Privacy and Cookie policy and these Conditions. Visitors are responsible for providing true and complete information and for taking good care of their access credentials. Even without registration, Visitors will however still be able to access the Website and purchase Products, albeit solely as guests.
LINKS
The pages of the Website may present links that point to other Internet sites, which administer independently their own terms of use and privacy policy and which Visitors must read before accessing them. Vernice cannot be held responsible in any way for any losses or prejudice suffered by a Visitor who accesses any such third-party websites via a link present on a page of the Website. In the same way, the pages of the Website may contain advertising that, if clicked on, will redirect the Visitor immediately to the webpage of the provider of the advertised service.
APPLICABLE LAW AND JURISDICTION
The webpages and the Service made available by Vernice are accessible throughout the world, although this does not mean that the contents of such webpages and the Service are considered legal in all countries. These conditions and, in general, the rules for using the Website, are governed by Italian law. All disputes arising between Vernice and any Visitor may be settled by recourse to the mediation procedures envisaged by Italian law. If it is not possible to settle the dispute in a friendly manner, the Parties hereby recognise the exclusive jurisdiction of the Italian Court, specifically the Bologna Court in Italy.