General Conditions Of Use
GENERAL CONDITIONS OF USE
Welcome to "www.dmtcycling.com", the official online store of DIAMANT S.r.l. (hereinafter the "Site"). The Site is managed and maintained by Triboo Digitale S.r.l. with its registered office in Viale Sarca, 336 - 20126 Milan, Italy, tax code, VAT number and registration number with the Register of Companies of Milan 02912880966 (hereinafter "TD").
Access to and use of the Site are governed by these General Conditions of Use (hereinafter the "General Conditions"). Access to and use of the Site, as well as the purchase of products, presuppose that you have read, understood and accepted these General Terms and Conditions as well as the General Terms and Conditions of Sale.
Should you disagree, in whole or in part, with the General Conditions of the Site, please do not use our website.
Anyone who accesses and uses the Site, implicitly declares that he/she will not use the Site for illegal purposes or in any way contrary to the applicable laws.
TD may modify or simply update all or part of these General Conditions. Changes and updates to the General Conditions will be notified to users on the Site Homepage as soon as they are adopted and will be binding as soon as they are posted on the Site in this same section.
2. Content of the website
The access and use of the Website, including the visualisation of the web pages, communication with the Administrator, possibility to download information on products and purchase of said products on the Website, constitute activities carried out by our users, exclusively for personal purposes and not related to any commercial, entrepreneurial and professional activity.
The Site contains hypertext links (hereinafter the "links") to other websites that have no connection with the Site itself. TD does not control or monitor such Websites or their content. TD will not be deemed liable for the contents of these websites and rules adopted by the latter, also with regards to your privacy and handling of your personal data while browsing through said sites.
3. Limitation of Liability
By accessing the site, you will be the only one liable for the use of the Website and its contents. In fact, TD cannot be deemed liable for the use of the Website and its contents which is not compliant with applicable laws, by any of its users, except in the cases of TD's liability for wilful misconduct and gross negligence. In particular, you will be solely liable for the communication of incorrect or false information and data relating to third parties, without their express consent, as well as regards the improper use thereof.
Finally, considering each item will be downloaded or otherwise obtained through the use of a chosen service at the user's risk, any liability for any damage to computer systems or data loss resulting from the downloading operation is with the user and cannot be imputed to TD. TD declines all responsibility for any damages resulting from inaccessibility to services on the website or from damage caused by viruses, corrupted files, errors, omissions, interruptions of service, deletions of content, problems with the network, providers, or telephone and/or data transmission, unauthorised access, data alteration, or failure and/or malfunction of the user's electronic equipment.
The user is liable for the preservation and use his personal information properly, including the login information that allows to access reserved services, and for any detrimental consequence or prejudice derived to TD or third parties due to improper use, loss, or stealing of said information.
5. Intellectual property and industrial rights
All contents, in any format, published on the Site (by way of example and not limited to, texts, catalogues, photographs, illustrations, images, technical drawings, videos, audio, advertising texts, brands, domain names, project designs, even where not protected by patent), including web pages, graphics, colours, schemes, tools, fonts and website design, diagrams, layouts, methods, processes, functions and software that are part of the Site, are protected by copyright and by any other intellectual and industrial property right. The reproduction of the Site and its contents, in whole or in part, in any form, is prohibited without the express written consent of DIAMANT S.r.l and TD and the other holders of the related rights. DIAMANT S.r.l and TD have the exclusive right to authorize or prohibit direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Site and its contents. With regards to the use of the Website, you are exclusively authorized to:
(i) visualize the Website and its contents;
(ii) perform any other temporary reproduction activity which is not related to any personal economic purpose, considered provisional or additional, and integral and essential activity for the visualization of the Website and its contents;
(iii) any other navigation activity on the Website, performed exclusively in view of a licit use of the same site and its contents.
Any additional reproduction activity shall be authorized by DIAMANT S.r.l and TD from time to time or by the authors of the single works available on the Website, if needed. Said reproduction activities shall be anyhow performed for licit purposes and in compliance with copyrights and all the other intellectual property rights of DIAMANT S.r.l and TD and of the authors of the single works available on the Website. The authors of the single works published on the Website boast the right to claim the legitimacy of their work at any time, and to oppose to any alteration, editing or any other change of the same works, including any act that may cause prejudice to the works, and be detrimental for their image and reputation. You agree to respect the copyright of the artists who have chosen to publish their works on the Site or have cooperated with the Site in the creation of new expressive and artistic works which are intended for publication, even not exclusively on the Site, or, similarly, that form an integral part thereof.
Furthermore you are not, in any case, authorized to use, in any way and form, the contents of the website and every single work protected by copyright and by any other intellectual and industrial property right. By way of example, you will not be able to alter or otherwise modify the protected contents and works without the consent of DIAMANT S.r.l and TD and, where necessary, of the individual authors of the works published on the Site.
6. Trademarks and domain names
All the distinctive signs that distinguish the products sold and present on the Site are trademarks registered by their respective owners and are used on the Site for the sole purpose of distinguishing, describing and advertising the products for sale on the Site. Any use of these marks that is not compliant with the law and as unauthorized, is prohibited and punishable civilly and criminally. It is in no way permitted to use these trademarks and any other distinctive sign on the Site to take unfair advantage of the distinctive character or renown of these trademarks or in such a way as to prejudice them and their owners.
7. Links to third party sites
The Site may contain hypertext links to websites operated by third parties. TD does not control or monitor such Websites or their content. TD is not responsible for the contents of third-party sites made accessible through the Site and the rules adopted by them also with regard to your privacy and the processing of your personal data during browsing operations.
8. Disclaimer of liability
TD takes all reasonable measures necessary to ensure that this Site and its contents are free of viruses, malware or other elements that make the Site and/or its contents dangerous, but cannot in any way be held responsible for any damage or prejudice suffered in any way from the user as a result of accessing and using the Site and/or downloading any material for any reason on the Site. TD recommends that the user takes all necessary precautions to protect his equipment when using the Site or its contents, for example by installing reliable antivirus software. TD does not provide any guarantee that the Site or its contents are constantly accessible. TD does not provide any guarantee against any disservices consisting of delays or interruptions in the functioning of the electronic communication services that prevent access or use of the Site. TD reserves the right to suspend, delete, discontinue or modify the Site in whole or in part without notice and without thereby assuming any responsibility towards the user.
9. Applicable law and place of jurisdiction
These General Conditions of Use are governed by Italian law and interpreted pursuant to the same and any controversy concerning the existence, validity, efficacy and termination of these General Conditions of Use will be subject to the exclusive jurisdiction of the court of residence or domicile of the consumer/user.
11. Referral clause
For anything not covered by these General Conditions, please refer to the General Conditions of Sale, where applicable.