These general terms and conditions of use (hereinafter “General Conditions of Use”) regulate the user's access to and use of the website “www.pasqualebruni.com” (hereinafter the “Website”) owned by Pasquale Bruni S.p.A. (hereinafter also “Pasquale Bruni”). By accessing and using the Website, the user confirms that he/she has studied and accepted the General Conditions of Use.
The Website is managed and maintained by Pasquale Bruni Spa, based in Via Alessandro Manzoni,19 – 20121 Milano, Economic and Administrative Index (REA) MI-1637233, Tax Code and VAT No. 13287880150, share capital: Euro 1.500.000,00 €, Phone: +39 0131/922511, Fax: +39 0131/922563, e-mail: ecommerce@pasqualebruni.com, PEC pasqualebrunispa@pec.pasqualebruni.com
Changes to the General Conditions of Use
1. Pasquale Bruni may alter or simply update these General Conditions of Use, in whole or in part, at any time and without prior notice. Changes and updates to these General Conditions of Use will, in any case, be notified to users on the Home Page as soon as they have been adopted, and they will be binding once published on the Website in this same section.
Responsibility for use of Website
1. Accessing and using the Website, including the viewing of web pages, communicating with Pasquale Bruni and downloading information about the products and buying them on the Website, are all personal/private activities of the user unrelated to any commercial, entrepreneurial and professional activity.
The user is personally responsible for the use of the Website and its contents. Pasquale Bruni, including its directors, managers, agents, collaborators and all those involved in devising, creating, producing and disseminating the Website, cannot be held liable for each of its users' non-compliance with applicable legislative and regulatory provisions and with the Website's legal notices, except in the case of fraudulent intent or gross negligence, or any direct or indirect loss of any kind and extent arising from the use of this Website.
2. More specifically, the user will be the sole party responsible for communicating information and data that are incorrect, false or that relate to third parties who have not given their consent, and also for the incorrect use of such data.
3. The use of any material which the user has downloaded or otherwise obtained by means of the Website shall be at the user's risk, therefore any liability for any damage to computer systems or data loss resulting from downloads shall be borne by the user and cannot be attributed to Pasquale Bruni.
4. The user is responsible for safekeeping and correctly utilizing his/her personal information, including credentials for access to the reserved services, and for any loss or detriment incurred by Pasquale Bruni or third parties as a result of incorrect use, loss or theft of such information.
5. Pasquale Bruni makes the Website available subject to its legal status and de facto condition as seen, without any kind of express or implied guarantee for the user, including, for purposes of illustration, guarantees of accuracy, reliability, ownership, non-infringement, suitability for specific purposes or any other guarantee, condition, insurance or declaration of the Website or any of its contents, in whole or in part.
6. Except in cases of willful intent or gross negligence, Pasquale Bruni will not be liable for any type of loss arising from the use of the Website and the third-party sites indirectly connected to it such as, for example, damage to computer systems, loss due to loss of data or business opportunities and loss attributable to interruption of economic activity. More specifically, Pasquale Bruni - subject to mandatory legal limits - accepts no responsibility for any loss arising from the inability to access the Website's services or from any loss caused by viruses, damaged files, errors, omissions, service interruptions, deletion of content, problems associated with the network, with providers or with telephonic and/or electronic communications connections, unauthorized access, alterations of data, failure and/or defective operation of the user's electronic equipment.
7. Subject to the limits of applicable rules, the user undertakes to indemnify Pasquale Bruni against any obligation and loss, including legal expenses, resulting from its access to and/or use of the Website in violation of applicable legislative and regulatory provisions, of the Website's legal notices and/or of the rights of third parties.
Privacy Policy
1. In relation to the processing of personal data, please refer to the ”Privacy Policy” section, which is applicable whenever the user uses the Website.
Intellectual property rights
1. The entire Website, including its content - for example (without limitation) the works, images, photographs, dialogues, music, sounds and videos, documents, designs, drawings, figures, logos and any other material or items in any format whatsoever published on the Website, including menus, web pages, graphics, colors, templates, tools, fonts and design of the Website, diagrams, layouts, methods, processes, functions, databases and software that are part of the Website (hereinafter for convenience the “Content”) - are protected by copyright as a single and/or collective work and by any other available intellectual property right of Pasquale Bruni. It is forbidden to reproduce the Website and its Content, in whole or in part and in any form whatsoever, and also to store, alter, publish, distribute, translate, transpose or transmit the Website without Pasquale Bruni's prior consent in writing. Pasquale Bruni has the exclusive right to authorize or prohibit the direct, indirect, temporary or permanent reproduction of the Website and its content, in any form or manner whatsoever, whether in whole or in part.
2. When using the Website, the user is only authorised to view the Website and its content.
3. The user is not, however, authorised to reproduce the Website and the Content on any medium, whether in whole or in part. Any reproduction must receive authorization from Pasquale Bruni on a case-by-case basis or, as necessary, from the rights holders of the individual works contained on the Website. The aforementioned reproduction must, in any case, be for lawful purposes and comply with copyright and with other intellectual property rights of Pasquale Bruni. The authors of individual works published on the Website are entitled, at any time, to claim the authorship of their works and to oppose any deformation, mutilation or other modification of said works, including any harm to the works which could be detrimental to their integrity or reputation.
4. The user undertakes to respect the copyright of those who publish their works on the Website or who collaborate in any way in creating any expressive and artistic form destined for publication, even if not exclusively on the Website, or which forms an integral part thereof.
The user, furthermore, shall not use - in any manner or form - the Content of the Website or any individual work that is protected by copyright and by any other intellectual property right.
Trademarks and domain names
1. All the trademarks and/or distinguishing marks used by Pasquale Bruni (hereinafter the “Trademarks”) which distinguish the products present and sold on the Website are registered or unregistered trademarks of Pasquale Bruni and are used solely in order to identify, describe and advertise the products on sale.
Their presence on this Website do not imply any express or implicit authorization or license to use the Trademarks, on any basis whatsoever. Any use of the Trademarks or of names that are similar to them, or that could be confused with them, is prohibited and will be prosecuted by law.
More specifically, the storage, modification, publication and reproduction on other websites or on commercial materials are forbidden (without limitation) unless Pasquale Bruni's prior consent is forthcoming.
Pasquale Bruni is entitled to make exclusive use of trademarks which it owns. It is forbidden to make any non-compliant and/or unauthorised use of these Trademarks, and such use will be prosecuted by law. Nor shall the Trademarks and any other distinguishing mark on the Website be used so as to take unfair advantage of their distinctive character or reputation or in such a way as to adversely affect them and their owners.
User Generated Content (“UGC”)
1. The natural and/or the legal person that has directly or indirectly (also by sending special hashtags) authorised the communication and/or publication or dissemination of that person’s own contribution, in any form or of any kind and on any media (including, without limitation: images, photographs, videos, sounds, music, texts, writings and works of any kind) by Pasquale Bruni (the “Assignor”), assigns to the latter any and all rights of economic exploitation in perpetuity, irrevocably, non-exclusively, free of charge and free from any royalties, such rights of economic exploitation to include copyright and related rights pertaining to such contributions (hereinafter “Authorised Contributions"), together with sub-license rights. The Assignor specifically acknowledges, for this purpose, that Pasquale Bruni has an absolute right to use the Authorised Contributions, to decide when to use them or to remove them, as Pasquale Bruni and its assigns are the only parties so entitled and competent to this end, without time restrictions. These rights are granted worldwide for any use and economic exploitation whatsoever. All the Authorised Contributions shall be deemed not to be confidential. Accordingly, Pasquale Bruni will be entitled: to use, copy, distribute, reproduce, assign, exploit, alter, process, transform, store on databases, make cuts, changes and/or additions, insert or replace comments and/or disclose to third parties such contributions, for any purpose whatsoever and according to the advertising and/or commercial choices that Pasquale Bruni and/or its assigns consider appropriate (for example, without limitation, by reproducing and publishing the Contributions through the Facebook and Instagram social media channels, in brochures, magazines, albums, collections, products, etc., also for commercial initiatives). To this end, the Assignor also authorizes and allows Pasquale Bruni and its assigns to directly or indirectly combine/associate the Authorised Contributions with the commercial and promotional initiatives, the image and the distinguishing marks of Pasquale Bruni and/or with its assigns (without prejudice to the Assignor's moral rights).
2. The Assignor guarantees that it enjoys the rights, entitlements and the legal capacity to ensure compliance with these General Conditions of Use in its own jurisdiction, and that the contribution is an original and exclusive work, and that:
- it was not derived from any third-party work without the consent of that third party;
- it does not and cannot infringe, in any manner, copyrights, registered trademarks or other intellectual or industrial property rights of third parties;
- it does not and cannot infringe, in any manner, the personal or property rights of third parties, as any requisite authorization and/or special consent to the foregoing has already been received from any third parties (or from the relevant parties exercising authority) involved on any basis in the Contribution;
- it does not infringe any provision of law, including (without limitation) the provisions of Law No. 633/1941 as amended, of Legislative Decree 30/2005 (Industrial Property Code) as amended, of Legislative Decree 196/2003 (Personal Data Privacy Code), as amended, and of EU Regulation 679/2016;
- it is not obscene, racist, discriminatory, or otherwise contrary to public order or public morals;
Pasquale Bruni and its assigns will also be entitled to communicate the identity of the Assignor to any third parties who maintain that the Authorised Contributions represent an infringement of their intellectual property rights and/or rights of confidentiality.
3. Pasquale Bruni. and/or its assigns cannot be held liable for any infringement of the rights of the Assignor and/or third parties arising directly or indirectly from the use, in any form or manner whatsoever, of the Authorised Contributions, in terms of contractual or noncontractual liability (including, without limitation, for unpremeditated conduct or violation of law) involving: i) pecuniary loss (including, for example, actual pecuniary loss, loss of earnings, lost profits (anticipated or otherwise), lost contracts, lost business, lost opportunities or lost projected savings); ii) loss of reputation; iii) consequential or indirect loss incurred by the Assignor or by third parties.
4. The Assignor accepts that it is liable to Pasquale Bruni and/or its assigns and that it will indemnify the latter against all costs, direct and indirect damage, expenses, losses, including any legal and court costs and costs associated with any claim and/or application and/or action brought in any court or tribunal by third parties, including public authorities, administrative bodies and state bodies and organs, as a result of any dispute arising from or in any way associated with the use of the contribution by Pasquale Bruni and/or its assigns and with the declarations and warranties provided by the Assignor under these General Terms and Conditions of Use.
Links to other websites
1. The Website contains hypertext links (so-called "links") to other websites that have no connection with the Website itself. Pasquale Bruni neither controls nor monitors those websites or their contents. Pasquale Bruni cannot be held liable for the content of those websites and for the rules adopted by them, also in relation to the protection and processing of the user’s personal data while browsing. Therefore, the user should carefully read the conditions of sale or of service, the conditions of use and the privacy policies associated with these websites. These General Conditions of Use, the General Conditions of Sale and the Privacy Policy of the Website do not apply to websites operated by those other than Pasquale Bruni. The Website provides links to other websites solely to assist the User in searching and browsing and to facilitate hypertext links to other sites on the web. The activation of links implies no recommendation by Pasquale Bruni to access and navigate on the associated websites, nor any guarantee as to the content, services or goods provided by those sites and sold to Internet users.
2. Whoever is interested in activating links to the Home page and to the other pages of the Website, which are publicly accessible, should contact Pasquale Bruni by emailing: info@pasqualebruni.com to request consent to the hypertext link.
Pasquale Bruni permits the applicant to access links for free and on a non-exclusive basis, subject to authorization by Pasquale Bruni and verification of the applicant's requirements.
Pasquale Bruni can oppose the activation of direct links to the Website if the applicant in question has engaged in unfair or non-standard commercial practices in the past or in acts of unfair competition against Pasquale Bruni, or if the latter fears that such conduct is possible in the future or if the applicant has engaged in actions to discredit Pasquale Bruni or its Website or its services in the past, or if there is concern that such actions could occur in the future. It is, in any case, forbidden to activate deep hypertext links to the Website or to use metatags, without Pasquale Bruni’s approval and authorization.
Content warning
1. Pasquale Bruni has taken every precaution to ensure that the Website will not publish content that describes or represents scenes or situations of physical or psychological violence or that could - in the judgement of users - be considered detrimental to civic beliefs and conventions, human rights and personal dignity in all its forms and manifestations.
In any case, Pasquale Bruni does not guarantee that the Website's content is appropriate or lawful in other countries outside Italy. If, however, such content is considered unlawful or illegal in some of these countries, it is recommended not to access the Website. If, despite this, the user decides to access it anyway, then the use made of its services shall be exclusively at his or her own risk.
2. Pasquale Bruni has also taken all precautions to assure its users that the site content is accurate and contains no incorrect information, or information that has not been updated since its publication on the Website and, as far as possible, thereafter. However, Pasquale Bruni assumes no responsibility to users for the accuracy and completeness of the content published on the Website, subject to its liability for intentional misconduct and gross negligence and save as otherwise provided by law. Moreover, Pasquale Bruni cannot guarantee users that the Website will operate continuously, without interruptions and without errors or faults due to the Internet connection.
3. Any problems encountered while using the Website may be addressed by emailing: info@pasqualebruni.com.
4. Although Pasquale Bruni will do all in its power to ensure unbroken access to the Website, the dynamic nature of the Internet and of its web content means that no guarantee can be made that the Website will operate without suspensions, interruptions or discontinuity attributable to site update requirements.
5. Pasquale Bruni and the Manager have adopted technical and organizational measures whose purpose is to secure their services on the Website and the integrity of traffic and communications data against any unauthorized use or access, and also to prevent any risks of dispersion, destruction and loss of information and data (confidential or otherwise) pertaining to its users that are displayed on the Website, or risks of unauthorized or illegal access to said information and data.
6. The foregoing is without prejudice to Pasquale Bruni's entitlement to suspend, alter or delete the personal account of each user and/or to prevent users from accessing the site or parts thereof to all or some users if there has been a breach of the General Conditions of Use, of the Website's other legal notices and of applicable legislative or regulatory provisions.
Pasquale Bruni’s e-commerce
The website permits the online purchase of Pasquale Bruni online products. Visit the “Shop” section to find out about all Pasquale Bruni products for sale. Note that the prices of products offered for sale on the Website may change; the user should therefore carefully check the actual sale price indicated in the Order Form as well as other relevant information on the products to be purchased. Each purchase is subject to the General Conditions of Sale; the user should read them carefully and print and keep a copy of them.
The display of the products in the Website's e-commerce section does not constitute an offer to the public for purchase, and they are subject to the rules set forth in the General Conditions of Sale which may be consulted also prior to purchase.
To receive any other information about the Pasquale Bruni “Shop” service, the user can email us to ecommerce@pasqualebruni.com, or write to the following address: Pasquale Bruni Spa, Via Manzoni 19, postal code 20121,Milano, Italy.
Applicable law and dispute resolution
These General Terms and Conditions are regulated by Italian law.
Any dispute arising between the Parties in relation to these General Conditions of Use shall be submitted to the exclusive jurisdiction of the Court of Milan or, if the user has accepted these General Conditions of Use as a consumer under the Consumer Code, the court of the place where the user has his/her residence or domicile.
Alternatively the user may - by clicking on the link https://webgate.ec.europa.eu/odr - access the online dispute resolution platform of the European Commission. It is understood that the user may, in any case, bring an action before the court of the place where the user has his/her residence or domicile.