Terms of Service
- 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.
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: failing this, Vernice declines all responsibility for the viewing by an under-age public of content that may be deemed unsuitable.
This document merely specifies general conditions. Should they conflict with more specific rules, the latter - such as the Conditions of Sale - will only prevail with regard to the conflicting part, to which these conditions will not apply, without affect the validity of the remaining part of this document.
Should any provision of this document be deemed illegitimate, illegal, void or inapplicable, that provision will nevertheless be applied to the maximum extent allowed under current legislation and the defective part will be considered inapplicable, without affecting the validity and applicability of the remaining provisions.
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. Accordingly, those images must be understood to be merely indicative, with the consequence that Vernice declines all responsibility for any discrepancy between the colour of the paint sold and that expected by the Customer.
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.
Vernice reserves the right to modify the prices of the Products at any time, without notice, on the understanding that the price charged to the Customer will be that indicated on the Website at the time of ordering. This price will ignore any changes (whether increases or decreases) made subsequent to completion of the order, unless the prices indicated on the Website for a given Product are disproportionately incompatible with the normal market prices for that Product, due to an obvious mistake.
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.
These Conditions do not grant the Visitor any user licence regarding the Website or the individual contents and/or materials available on it.
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. They are protected by current trademark laws and the related international treaties. 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.
Given the above, Visitors are not allowed to (i) use, reproduce, copy, modify, adapt, publish, transmit, distribute, execute, download, input to a database, create derivative works, move, decode, distribute or sell any part of the Website or any of the proprietary materials on the Website; (ii) make recourse to programs, algorithms or methods of any kind in order to access, acquire, copy or reproduce any part of the Website and/or any of the materials by whosoever posted on it; (iii) use for commercial purposes or, in general, for an unauthorised purpose, the Website and/or the materials published on it. 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 or, in general, pursuant to the regulations governing copyrights and industrial and intellectual property rights, are strictly prohibited without prior written consent from Vernice and immediately entitle Vernice to take the most appropriate actions to defend its rights.
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, and does not guarantee that it will be provided without interruption on a timely, secure and/or error-free basis, or that any errors will be corrected. Vernice also excludes all warranties of merchantability, suitability for specific purposes, or quality regarding the Website or the Services offered on, or in relation to, the Website except, with regard to the Products, to those indicated in the General Conditions of Sale; in addition, Vernice does not guarantee that the Website is free from viruses or other malware, and declines all responsibility for: (a) any poor functioning or faults affecting the hardware, the software or the Internet, or any other poor functioning or faults affecting the computer or the communications networks; (b) any printing or typographical errors contained in the materials posted on the Website.
Occasionally, the Website or the Service provided may present descriptions of products, prices, promotions, offers, shipping costs, delivery times or product availability that contain typographical errors, inaccuracies and omissions. Vernice reserves the right to correct any errors, inaccuracies and omissions, modifying and updating the information or cancelling orders at any time (even after submission of the order) and without notice, if any information in the Service or on a correlated website is found to be inaccurate.
Vernice does not accept any obligation to update, correct or clarify the information in the Service or on any correlated website, including without limitation pricing information, except as required by law. Any latest revision date specified in the Service or on any correlated website must not be interpreted as a guarantee that all the information in the Service or on any correlated website has been corrected and updated.
WARRANTIES AND RESPONSIBILITIES
Visitors are forbidden to use the Website or its contents: (a) for illegal purposes; (b) to induce others to carry out or participate in unlawful deeds; (c) to infringe international, federal, state or provincial laws and regulations or local ordinances; (d) to erode or infringe the intellectual property rights of Vernice or third parties; (e) to harass, abuse, insult, damage, defame, slander, denigrate, intimidate or discriminate against others on the basis of their sex, sexual orientation, religion, ethnic origin, age, country of origin or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that might affect the functions or functioning of the Service, any correlated website or other websites or Internet sites; (h) to collect or monitor the personal information of other users; (i) to engage in spamming, phishing, pharming, pretexting, the use of spiders, crawling or scraping; (j) for any obscene or immoral purpose; (k) to impede or circumvent the security functions of the Service or any correlated website or other websites or Internet sites. 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 or any correlated website.
Certain materials uploaded to the Website – such as, at the request of Vernice, contributions made in order to participate in prize competitions or, without request, creative ideas, suggestions, proposals, plans or other materials (hereinafter “Comments”) – may be modified, copied, published, distributed, translated or used in any other way, by any means, at any time and without limitation, at the sole discretion of Vernice, which does not and will not have any obligation to (i) keep the Comments confidential; (ii) remunerate the Comments; or (iii) respond to the Comments.
Vernice is also fully entitled, without however having any obligation, to monitor, modify or remove content that, at its sole discretion, is deemed to be unlawful, offensive, threatening, slanderous, defamatory, pornographic, obscene or otherwise controversial, or content that infringes the intellectual property rights of any party or these conditions.
Visitors agree to avoid Comments that infringe the rights of third parties, including copyrights, commercial trademarks, privacy and personality rights, and any other real or personal rights. In addition, Visitors agree not to send Comments that contain defamatory or otherwise illegal, offensive or obscene materials, or computer viruses or other malware that might compromise the functioning of the Service or of any correlated website. Visitors have sole personal responsibility for the Comments made and their accuracy, with the express exclusion of any obligation for Vernice to monitor in advance the tenor of any Comments published on the Website by Visitors.
Vernice declines all responsibility for any use made by Visitors of the materials published on the Website. Each Visitor will be responsible for any use made of those materials and, similarly, will be the sole recipient of any legal action, agreeing in all cases to hold free Vernice and all other damaged parties from any prejudicial effects suffered as a result of the unlawful conduct.
Should a Visitor identify an infringement of any kind deriving from the materials published on the Website and/or from the Services and activities carried out by Vernice via the Website, the Visitor may report the alleged abuse by sending an e-mail to the following address: email@example.com. On receiving that report, Vernice agrees to evaluate the conformity of the reported content with its own standards and internal regulations and, in the event of an adverse conclusion, will remove it as soon as possible, without prejudice to its maximum liberty and discretion when evaluating the report and when determining the time needed to carry out the internal investigation. If infringement of the copyrights, industrial or intellectual property rights or, in any case, rights of any kind of third parties is reported, the party reporting the alleged infringement must provide suitable evidence to Vernice so that the claim can be checked. Vernice agrees in all cases to remove disputed materials without delay if so requested by the competent authorities, on the understanding that - in the absence of such orders - any removal will only be made at its sole discretion, following the outcome of the reporting procedure and the internal investigation.
By accessing the Website, Visitors in all cases accept the risk of finding certain materials that they might not like, or which they might consider offensive or, in any case, inappropriate. Should such circumstances arise, Vernice hereby declines all responsibility and, should such images or materials be deemed in conformity with the purposes and objectives of Vernice, any persons who - on the contrary - do not consider them suitable, or who feel offended or threatened by them, are kindly requested to stop browsing the Website, or to display solely content that they like.
Visitors are responsible for providing true and complete information and for taking good care of their access credentials, given that Vernice cannot be held responsible under any circumstances for any loss, dissemination, theft or unauthorised use of their access credentials by third parties, for whatsoever reason. Even without registration, Visitors will however still be able to access the Website and purchase Products, albeit solely as guests.
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. Should it emerge that the webpages and services offered by Vernice are not considered legal in some countries, Vernice will evaluate at its sole discretion the need to block access to such webpages and services, solely from those countries, on the understanding that Visitors have sole responsibility for ensuring that illegal services are not used, and for avoiding access to pages deemed illegal in the country from which they are visiting.
These conditions and, in general, the rules for using the Website, are governed by Italian law and, therefore, all the rights and obligations deriving from them are governed by and must be interpreted in accordance with the laws of the Republic of Italy.
All disputes arising between Vernice and any Visitor consequent and/or in relation to the interpretation, infringement, resolution and/or execution of these conditions or, in general, the rules for using the Website or consequent to use of the Website, 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.
In territorial terms, all legal actions will be brought before the Bologna Court in Italy - where the proceedings will take place in Italian - which will have sole jurisdiction with the exclusion of all exceptions, without prejudice to the protections envisaged if the counterparty of Vernice is a Consumer, in which case the jurisdiction will be that in which the Customer is resident.