Terms of service

Terms and Conditions www.fondazionemolteni.org

These Terms govern

the use of this Application and
any other Agreement or legal relationship with the Owner

in a binding manner. Capitalized expressions are defined in the relative of this document.

The User is requested to read this document.

No provision of these Terms gives rise to an employment relationship, agency or association between the interested parties.

The person responsible for this Application is:

Ambrogio Molteni Foundation
Fiscal Code: 93018140132
Phone: & nbsp; 0362 915878
Corso XXV Aprile n. 58 / B - Erba, 22036 (CO)

Owner contact email: info@fondazionemolteni.org

To know at a glance

The right of withdrawal applies only to European Consumers.

The use of the Service / of this Application is reserved for Consumers only.

TERMS OF USE

Unless otherwise specified, the conditions of use of this Application set out in this section have general validity.

Further conditions of use or access applicable in particular situations are expressly indicated in this document.

By using this Application the User meet the following requirements:

The User acts as a Consumer;

The You are not located in a country subject to a government embargo by the United States of America or in a country on the list of states that sponsors no terrorism by the Government of the United States of America;
The User is not included in any list of contractors not admitted by the Government of the United States of America;

Registration

To use the service, the user can open an account indicating all the data and information requested in a complete and truthful manner.
È You can use the service even without registering or creating an account. In this case, however, certain functions may not be available.

It is the users' responsibility to keep their access rules secure and to preserve confidentiality. To this end, users must choose a password that corresponds to the highest level of security available on this Application.

By creating an account, the User agrees to be fully responsible for any activity carried out with his sue
They are required to inform the owner immediately and unambiguously through the contact details indicated in this document if they believe that their personal information, such as the User account, the users used for access or personal data, have been violated , illegally disseminated or stolen.

Account closure

The User is free to close his account and cease using the Service at any time , following this procedure:

Using the account closure tools available on this application.

By contacting the Data Controller at the addresses in this document .

Suspension and cancellation of the account

The Owner reserves the right of a user to cancel the account at any time if he deems it inappropriate, offends or contrary to these Terms.

The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from the payment of fees or possibly applicable prices.

Content on this Application

Unless otherwise or clearly recognizable, all content available on this Application is owned or provided by Owner or by its licensors.

The Owner takes the utmost care so that the content available on this Application does not violate applicable legislation or the rights of third parties. Not if it is possible to achieve this result.
In such cases, without any prejudice to the rights and legally enforceable claims, users are directed to address the related complaints to the addresses specified in this document.

Rights on the contents of the Application

The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use purchase procedure.

Purchase procedure

Each phase, from the choice of the product to the placing of the order, is part of the procedure of 'purchase.

The purchase procedure includes the following steps:

Users are requested to choose the desired Product and verify their purchase choice.
After checking the information visible in the purchase choice, Users can place the order by forwarding it.

Sending the order

The sending of the order involves the following:

The sending of the order by the user determines the conclusion of the contract and gives rise to the User the obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
In the event that the purchased Product requires an active contribution from the User, such as provision of information or personal data, specifications or requests In particular, the forwarding of the order also constitutes the obligation of the User to collaborate accordingly.
Once the order has been sent, a confirmation of receipt of the order will be sent to the Users.

All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.

Prices

During the purchase process and before placing the order, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.

The prices on this Application:

include all applicable fees, taxes and costs.

Promotions and discounts

The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set forth in the relevant section of this Application.

Promotions and offers are always granted at the sole discretion of the Owner.

Promotions or repeated or periodic discounts do not constitute any claim or right that can be activated by Users in the future.

Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the owner's office, as indicated in the contact details in this document.

Coupons

Promotions and discounts may be offered in the form of Coupons.

In case of violation of the conditions applicable to the Coupons, the Owner may legitimately refuse to fulfill his contractual obligations and expressly reserves the right to act in the appropriate courts, including judicial ones, in order to protect their rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers reported on the relevant information page or on the Voucher itself prevail in any case, regardless of the following provisions.

Unless otherwise specified, the following rules apply to the use of Vouchers:

Each Voucher is valid only if used in the manner and in the period of t times specified on the website and / or on the Voucher;
The Voucher can only be redeemed in full at the time of purchase - partial use is not permitted;
Unless otherwise specified , the single-use vouchers can be redeemed only once per purchase and can therefore be redeemed only once even in the case of purchases in installments;
The vouchers cannot be combined;
The voucher must be used within the specified validity period. Once the term has expired, the voucher will be automatically canceled. Any possibility of claiming rights, including refunding the value of the Voucher, is excluded;
The User is not entitled to any credit / refund / compensation if there is a difference between the value of the Voucher and the redeemed value ;
The Voucher is intended for non-commercial use only. The reproduction, counterfeiting and marketing of the Voucher are strictly prohibited, as well as any illegal activity connected with the purchase and / or use of the Voucher.

Means of payment < / p>

The details of the accepted payment methods are highlighted during the purchase procedure.

Some payment methods are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of this Application.

All payments are managed independently by third party services. Therefore, this Application does not collect payment data - such as credit card numbers - but receives a notification once the pag amento was successful.

In the event that the payment made by one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions deriving from the failed or refused payment are the responsibility of the User.

Authorization for future payments via PayPal

In the event that the User authorizes the PayPal function that allows future purchases, this Application will store an identification code linked to the User's PayPal account. In this way this Application will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.

The authorization can be revoked at any time by contacting the Owner or by changing the personal settings of PayPal.

Retention of title

Until the payment of the full purchase price by the Owner is received, the User does not acquire ownership of the Products ordered.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

At the time of delivery, Users must check the contents of the package and promptly report any anomalies at the addresses indicated in this document or as described in the delivery note. Users may refuse to accept the package if visibly damaged.

Delivery can take place in the following countries or territories: Italy.

Delivery times are indicated on this Application or in the course of the purchase procedure.

Non-delivery

The Owner is not responsible in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been instructed by the User.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, each delivery attempt starting from the second will be borne by the User.

Rights of the User tente

Right of withdrawal

Unless there is an exception, the User may have the right to withdraw from the contract within the deadline specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who has the right of withdrawal

If one of the exceptions listed below does not occur , Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of their intention to withdraw from the contract.

To this end, the User can use the standard withdrawal form available in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.

When does the withdrawal period expire?

In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by him and other than the courier - takes possession of the goods.
In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good composed of several lots or pieces delivered separately the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by him and other than the courier - takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Holder reimburses all payments received including, if made, those relating to delivery costs to Ute nti who have correctly exercised the right of withdrawal.

However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will be borne by the User te.

The reimbursement takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same payment method used for the initial transaction. The User must not incur any costs as a consequence of the withdrawal.

... on contracts for the purchase of tangible goods

Unless the Owner does not agree is offered to collect the goods, the User is required to return them to the Owner or to another person authorized by him to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.

The deadline is met if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.

The User is liable for the decrease in the value of the goods resulting from a use of the goods other than that. necessary to establish its nature, characteristics and functioning.

The return shipping costs are borne by the User .

Warranty Product compliance law

According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the purchased goods have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.

If the Users act as Consumers Europeans, the legal guarantee of conformity of the goods applies to the items available on this Application in accordance with the laws of the country in which they usually reside.

The national laws of that country may grant these Users wider rights.

Consumers who do not act as European Consumers may enjoy compliance guarantee rights under the legislation of the country in which they usually reside.

Limitation of Liability and indemnity

European Users

Indemnity

The User undertakes to indemnify and hold the Owner and his subordinates, affiliates, officers, agents, accounts unharmed owners of the brand, partners and employees from any claim or claim - including, without limitation, legal fees and expenses - made by third parties due to or in connection with culpable conduct such as use or connection to the service, violation of these Terms, the violation of third party rights or laws by the User, its affiliates, officers, agents, co-owners of the brand, partners and employees, to the extent of the law.

Limitation of liability for the User's activities on this Application

Unless otherwise specified and without prejudice to the applicable legal provisions regarding product liability, any claim for compensation against of the Data Controller (or of any natural or legal person acting on his behalf).

The foregoing does not limit the Data Controller's liability for death, damage to the person or physical or mental integrity, deriving from the violation of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and / or damage caused with willful misconduct or gross negligence, provided that the use of this Application by the User was suitable and correct.

Unless the damages have been caused with intent or gross negligence or affect the life and / or personal, physical or mental integrity, the Owner is liable only to the extent of the damage typical for the type of the contract and foreseeable at the time of conclusion.

Australian users

Limitation of liability

None provision of these Terms excludes, limits or changes any warranty, condition, indemnity, right or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial laws and which constitute a right which it cannot in any way be excluded, limited or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the violation of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner's discretion, to a new supply of the services or to the payment of the cost for the repetition of their supply itura.

US Users

Disclaimer

The Owner provides this Application "As is" and according to availability. The use of the Service is at the User's own risk. Within the maximum limits permitted by law, the Data Controller expressly excludes the conditions, agreements and guarantees of any kind - whether express, implied, statutory or other, including, by way of example but not limited to, any implicit guarantees of merchantability, suitability for a particular purpose or non-violation of the rights of third parties. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document

Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, in an uninterrupted and secure manner, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's own risk and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from such operation. or from the use of the Service by the User.

The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or hyperlinked service. Furthermore, the Owner does not take part or in any way monitor any transaction between Users and third party suppliers of products or services.

The Service may become inaccessible or may not work properly with the browser, User's device and / or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation or use of the Service.

Federal laws, some states and other jurisdictions not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights which vary from state to state. The limitations and exclusions provided by this Agreement apply within the limits established by law.

Limitation of liability

Within the maximum limits permitted by applicable law, in no case can the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held responsible for

any indirect, intentional, collateral, particular, consequential or exemplary damage, including, but not limited to, damage resulting from loss of profits, goodwill, use, data or other intangible losses, deriving from or relating to 'use, or the inability to use the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or the User account or the information contained therein;
any error, lack or inaccuracy in the contents;
personal injury or material damage, of any nature, deriving from access or from the use of the Service by the User;
any unauthorized access to the Data Controller's security servers and / or any personal information stored therein
any interruption or cessation of transmissions to or from the Service;
any bugs, viruses, Trojans or similar that may be transmitted to or through the Service ;
any errors or omissions in any content or for any loss or damage suffered as a result of the use of any public content icated, emailed, transmitted or otherwise made available through the Service; and / or
the defamatory, offensive or illegal conduct of any User or third parties. In no case can the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held responsible for any request for compensation, proceeding, liability, obligation, damage, loss or cost for an amount exceeding that paid by the User to the Owner The course of the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.

This section on the limitation of liability applies to the maximum extent permitted by the law in the applicable jurisdiction, regardless of whether the alleged liability derives from a contract, tort, negligence, strict liability or any other basis, even if the Data Controller had been advised of the possibility of such damage occurring. & nbsp; Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give the User specific legal rights and the User may enjoy other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits established by applicable law.

Indemnity

The User undertakes to defend, indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees from and against any claim or claim, damage, obligation, loss, liability , burden or debt and expense, including, without limitation, legal fees and expenses arising from

the use of or access to the Service by the User , including any data or content transmitted or received by the User;
the violation of these Terms by the User, including, but not limited to, any violations by the User of any representations or warranties provided by these Terms;
the violation by the User of any third party right, including, but not limited to, any right relating to privacy or intellectual property;
the violation by of any law, rule or regulation in force
any content sent from the User's account, including, but not limited to, misleading, false or inaccurate information and also including the case in which access is made by third parties with the User's personal username and password or other security measures, if any;
the malicious conduct of User; or
the violation of any legal provision by the User or its affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees, to the extent permitted by law applicable

Common provisions

No implied waiver

The failure to exercise legal rights or claims deriving from these Terms by the Owner does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or any other right.

Interruption of the Service

To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will endeavor to ensure that Users can extract their Personal Data and information according to the provisions of the law.

Furthermore, the Service may not be available for reasons beyond the control. reasonable control of the Data Controller, such as causes of force majeure (eg strikes, infrastructural malfunctions, blackouts, etc.).

Resale of the Service

The Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of this Application.

Intellectual property

Without prejudice to any more specific provision contained therein the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Application are held exclusively by the Owner or its licensors and are protected under international law and treaties applicable to intellectual property.

All trademarks - word or figurative i - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under applicable legislation and international treaties. to intellectual property.

Changes to the Terms

The Owner reserves the right to change the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.

The changes will affect the relationship with the User only for the future.

Continued use of the Service implies User acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in the right of each party to withdraw from the Agreement.

The applicable previous version continues to govern the relationship until the User is accepted. This version can be requested from the Owner.

If required by applicable law, the Owner will specify the date by which the changes to the Terms will come into force.

Transfer of the contract

The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of Users.

The provisions relating to the modification of these Terms apply.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of this Application must be sent to the addresses indicated in this document.

< strong> Safeguard clause

If any of the provisions of these Terms should be or become null or void icace under the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.

US users

Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated subject and prevail over any other communication , including any prior agreements, between the parties regarding the regulated subject matter.
These Terms will be implemented to the fullest extent permitted by law.

European Users

If a provision of these Terms should be or become null, invalid or ineffective, the parties will endeavor to identify amicably a valid and effective provision replacing the null, invalid or ineffective one.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.

Without prejudice to the above, the nullity, invalidity or the ineffectiveness of a specific provision of these Terms does not lead to nullity of the entire Agreement, unless the null, invalid or ineffective provisions under the Agreement are essential or of such importance, that the parties would not have concluded the contract had they known that the provision would have been invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.

Applicable law

The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of the conflict rules.

Exception for European Consumers

However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.

Jurisdiction

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms rests with the judge of the place where the Owner is established, so as indicated in the relevant section of this document.

Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Dispute resolution

Friendly dispute settlement

Users may report any disputes to the Data Controller, who will try to resolve them amicably.

Although the right of Users to take legal action remains unaffected, in the event of disputes relating to the use of this Application or the Service, Users are requested to contact the Owner at the addresses indicated in this document.

The User can address a complaint to the e-mail address of the Owner indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned .

The Data Controller will process the request without undue delay and within 21 days of receipt.

Platform for resolving disputes with consumers

The European Commission has introduced an online platform for alternative dispute resolution that favors the out-of-court settlement of disputes relating to and arising from online sales and service contracts.