General terms and conditions for accessing and using the web site

Updated to 12/06/2014

Please carefully read the following general terms and conditions for accessing and using the web site. If you do not agree to the terms of these conditions, we kindly ask you to leave the site and refrain from any using it.
These general terms and conditions regulate access to the website of 8853 S.p.A. (website accessible electronically from the internet address or URL: www.orovilla.com) and the use of the services and the contents therein (such as, by way of example but not limited to: images, software, texts; trademarks and logos, combinations of colours, structures and drawings). 
Any person accessing and/or using the website of 8853 S.p.A. (herein after, for the sake of brevity, also known as the "Website") becomes a "User" and accepts, and in doing so undertakes to comply with these terms and conditions from the first access and/or use, which apply regardless of the General Conditions of Sale which regulate any purchase of products in the online catalogue on the Website.
Failure to accept these Conditions will result in any further access or use of the content and services of the Website from being permitted.

1. The website.
The version of the website www.orovilla.com is managed by 8853 S.p.A. with registered offices in Italy - 200016 Pero, via Pitagora (VAT No. and Tax Code: 10684110157). Enrolled in the C.C.I.A.A. (Chamber of Commerce, Industry, Agriculture, and Crafts) in Milan with No. 10684110157.

By accessing the website, the user accepts the website “in the state in which it is presented, in the awareness that the information or the elements on said website may contain technical inaccuracies or errors”.

8853 S.p.A. does not assume any responsibility for the accuracy of the information and data contained in the website or the suitability of the information and above-mentioned data for any particular purpose. Under no circumstance, will it be liable for any direct or indirect, specific or generic, incidental or consequential damages which may arise from using the website or other sites to which optional access is available through links, regardless of whether 8853 S.p.A. was or was not aware of the possibility that such damages could occur.

By accessing the website, the user acknowledges that he/she uses the Website at his/her sole risk and peril. In particular, the user accepts and assumes the risk for any and all loss, damage and theft of data, corruption of files and/or e-mails, the impossibility of using and/or repairing his/her IT equipment and programs used to access and use the website.

8853 S.p.A. also declines any responsibility for any inaccuracies or omissions in information or materials available on the website, as well as for interruptions to and/or malfunctions of the service due to unauthorised actions by third parties.

Access to the website may be interrupted or limited, at any time and without notice, by 8853 S.p.A. for technical, maintenance and/or security reasons.

8853 S.p.A. reserves the right to make changes to the Website and its contents, at its sole discretion, at any time and without notice.
Any information and/or request should be sent to: orovilla@orovilla.com.
Access to the www.orovilla.com website is free.
Please note that any costs incurred for internet connection to the website, including telephone charges, based on the tariffs applied by user’s chosen provider, are the responsibility of the user.

2. On-line privacy protection.
2.1. These General Terms and Conditions of access to and use of the 8853 S.p.A. website also constitute disclosure of information, pursuant to art. 13 of Italian Legislative Decree No. 196/2003 (Personal data protection code) to all those who access and use of the 8853 S.p.A. website. Please note that this disclosure is provided exclusively for the 8853 S.p.A. website and not for any other web sites which may be consulted by users via links or other hyperlinks present on the 8853 S.p.A. web site.

2.2. All data transmitted by the user when accessing or using the website will be processed by 8853 S.p.A., with registered offices in Italy - 28010 Miasino via Circonvallazione s/n, the data controller, with the aid of electronic or automated, IT and telematic instruments or by using manual tools, for the time strictly necessary, in compliance with the rules in force concerning “Online privacy protection”. The data processor is the administrator pro-tempore of 8853 S.p.A. who, for the purposes of Italian Legislative Decree No. 196/2003, is domiciled at the registered offices of 8853 S.p.A. in Italy - 28010 Miasino via Circonvallazione s/n. Any request for information may be sent to: orovilla@orovilla.com.

2.3. The user’s personal data voluntarily provided to 8853 S.p.A. will be collected and used for: a) contacting the user who has requested to be contacted by inserting his/her data on the website for the illustration and presentation of the products and services of 8853 S.p.A. - and/or parent, subsidiary companies and/or those connected to 8853 S.p.A. - also by sending information and special offer communications, including sales and advertising material and/or offers of goods and services by post, internet, telephone, email, MMS and SMS from Italy or from abroad (including non-EU countries) b) sending newsletter/s requested and by the user, c) the processing of market and statistical studies and research.

2.4. Providing personal data is optional; however, any refusal and/or provision of incorrect and/or incomplete information will make it impossible to contact the user to present the 8853 products or send newsletters or information and special offer communications, including sales and advertising material or for user participation in market and statistical studies and research.

2.5. The user’s personal data collected by 8853 will be communicated to the sales and service network of 8853, as well as parties working on commercial activities with 8853 S.p.A. and parent, subsidiary and/or associated companies of 8853 S.p.A. for the purposes indicated in point 2.3.

Within 8853 S.p.A. the User’s personal data may be disclosed to the corporate bodies of 8853 SpA, company personnel, especially employees involved in the development of products marketed on-line, customer care, marketing activities, maintenance of electronic devices and, in any case, the data processor and the persons in charge of processing personal data.

The User’s personal data may also be communicated to qualified entities which provide 8853 S.p.A. with services related to the purposes mentioned above in article 2.3 of this policy, including entities and companies which manage and/or participate in the management and/or maintenance of the internet Website and the electronic equipment used. In pursuing the activities referred to in article 2.3., 8853 S.p.A. may use the following categories of entities, to whom the User’s personal data may be disclosed: qualified entities, such as banks, companies and insurance firms, suppliers and subcontractors, which provide 8853 S.p.A. with services for sending newsletters, information and promotional communications, including sales and marketing material or for user participation in market and statistical studies and research, for the organisation and implementation of events and events, including promotional events; for legal, tax, social security, accounting, organisational aspects; any other entity to whom the data must be communicated as expressly required by law.
Personal data may be transferred abroad, in accordance with the provisions of current legislation, even to countries outside the European Union.

The User's personal data will not be disclosed or communicated to any entities other than those listed in this policy.

2.6. The computing systems and software procedures used by the Website acquire, during the normal course of operation, some personal data whose transmission is implicit in the use of Internet communication protocols. The data collected (by way of example but not limited to: IP addresses, URI addresses of requested resources, the times of the requests, the method employed to submit the request to the server, the size of the files obtained in reply, etc.), used to obtain anonymous statistical information about Website use and to check its correct functioning, which are not collected to be associated with specific individuals, but by their very nature could, through the processing and association with data held by third parties, allow users to be identified. Please also note that in the event of computer crimes against the Website, the data thus acquired may be used, for the time strictly necessary, to ascertain any possible responsibility of users. Other than is this case, the data on web contacts are not stored for more than 365 days. With regards to data freely and voluntarily provided by users, it should be noted that the optional and voluntary sending of e-mails to the addresses indicated on the Website entails the subsequent acquisition of the sender’s email address, required to reply to the requests submitted, as well as any other personal data voluntarily indicated by users in the aforementioned emails.

2.7. With regard to the data processing under article 2.3, the User may exercise the rights envisaged by art. 7 of Italian Leg. Decree No. 196 of 30 June 2003, which for convenience sake, is given in full below:

Art. 7 - Right to access personal data and other rights

1. The data subject has the right to obtain confirmation of the existence or otherwise of their personal data, even if not yet registered, and their communication in an intelligible form.

2. The data subject has the right to obtain indication of: a) the origin of the personal data; b) the processing purposes and methods; c) the logic applied in the case of processing carried out with the aid of electronic means; d) information identifying the data controller and designated processors pursuant to article 5, paragraph 2; e) subjects or categories of subjects to which the personal data may be disclosed or who may be made aware of it as designated representatives of the State, data processers, or delegates.

3. The data subject has the right to obtain: a) the updating, rectification or, when interested, the integration of the data; b) the erasure, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be retained for the purposes for which the data were collected or subsequently processes; c) certification that the operations specified in points a) and b) have been disclosed, also regarding their content, to those parties to whom the data have been communicated or disseminated, except for the case where notification proves impossible or requires the use of means clearly disproportionate to the right being protected.

4. The data subject has the right to oppose, either fully or in part: a) for legitimate reasons to the processing of his/her personal data, even if pertinent to the purpose of collection; b) to the processing of his/her personal data for the sending of advertising or direct sales material or to conduct market research or commercial information.

2.8. Participation in marketing activities is done on a voluntary basis pursuant to art. 7, paragraph 4, letter b) and art. 130 of the Personal data protection code, especially with regard to electronic communications by email, fax, MMS (Multimedia Messaging Service) or SMS (Short Message Service) messages.

2.9. 8853 S.p.A. invites its customers and anyone accessing the 8853 S.p.A. Website to carefully read the on-line privacy protection policy included in the General Sales Terms and Conditions and the 8853 S.p.A. Privacy Policy.

3. User obligations.
The user undertakes to refrain from transmitting, disclosing, sending, communicating or storing information or other material that:

1. is protected by copyright or which reveal trade secrets;

2. is obscene, defamatory, threatening, harassing, offensive, libellous, sexually explicit;

3. constitutes unsolicited or advertising messages or solicitation to purchase, surveys, chains letters;

4. Contains viruses, Trojan horses, worms, time bombs and other elements intended to damage, intercept or misuse data, information, physical and logical structures of 8853 S.p.A., its affiliates or third parties.

The user also agrees not to:

1. register as a customer with fraudulently false or incomplete information;

2. allow third parties to use his/her username or password once registered;

3. delete or modify materials or other information belonging to different users or 8853 S.p.A.;

4. collect or otherwise obtain information on third parties, including email addresses, without the express consent of the owner;

5. access protected or unauthorised website data and to violate the website system or security measures.

6. act in such a way as to overload the physical and logical systems of the Website in an unreasonable or disproportionate manner, including the use of “flooding”, “spamming”, “mailbombing” or “crashing”;

7. use devices, software programs or similar to compromise or attempt to compromise the correct functioning of the website; as well as attempt to decrypt, decompile, disassemble or reverse engineer the software that constitutes or forms part of the Website

8. use or attempt to use engines, software programs, tools, agents or other mechanisms (such as: spiders, robots, etc.) that allow you to browse or search the Website without using the latter’s search engines or agents.

9. use devices, software programs or similar to impede use of the website by authorised users

By accessing the Website, the user undertakes to indemnify and hold harmless 8853 S.p.A. from any damage, loss, cost, expense and/or claim by third parties, arising from the use carried out or in relation to it.

Any illegal or non-compliant behaviour as indicated herein shall be promptly notified to the competent authorities and the competent civil and criminal offices, in accordance with applicable international laws and conventions.

4. Copyright and industrial property rights.
The Website as a whole and all the material contained therein is protected by copyright and other intellectual property rights.

All copyrights related to the contents of the Website (such as, but not limited to, text, graphics, photographs, images, user interface, any graphic representation and/or text) as well as their selection, coordination and organisation are the property of 8853 SpA, its affiliates or third parties. No declaration included in the website provides an industrial or intellectual property license or rights on the copyright of 8853 S.p.A. or third-parties.

The contents of the Website are intended solely for Users and Customers of the Website who may use them exclusively for personal use; the unauthorised commercial or professional use of the contents is forbidden.

The User can freely view the contents of the site, print, copy and save them on the hard disk of their computer or other physical support, under their own responsibility and exclusively for personal and private use, in compliance with current legislation on copyright protection.

All rights regarding trademarks, product names, trade names, logos, packaging and design of all products or services listed on the Website belong exclusively to the legitimate owners in accordance with applicable laws. All uses that may violate these rights are expressly prohibited.

5. Sending of information or materials by users
All information or materials transmitted by the User to 8853 S.p.A. through the Website or other means, including comments, questions, suggestions and similar, relating to the content of the Website will be considered non-confidential, with the exception of Users’ personal data that will be collected and processed by 8853 S.p.A. in compliance with current legislation on the protection of privacy.

Please note that 8853 S.p.A. will have no obligations regarding such information or materials and may freely reproduce, copy, use, disclose to third parties, show, modify, create derivative works from them and/or publish them without any limitation and without recognising any compensation for any reason, cause and/or motive.

The sending of information and/or materials of any kind by Users to 8853 S.p.A. will be considered as express consent to the free use, for any purpose, by 8853 S.p.A. of any idea, concept, know-how or technique, expressed or implied in said information and/ r materials without requiring 8853 S.p.A. to recognise any compensation and/or payment for any reason, cause and/or motive.

By sending information and/or materials to 8853 S.p.A. through the Website or by other means, the User declares and guarantees that he/she has not violated any third-party rights and assumes sole relevant responsibility therein and undertakes to indemnify 8853 S.p.A. from any action or claim that may be advanced or taken by third parties thereby.

It should be noted, especially with regard to "PERSONALISED" products produced and supplied by 8853 at the request of the User, that the latter by sending images, illustrations, logos, trademarks, drawings, models, materials and/or creative expressions to 8853 S.p.A. for reproduction on cast bars or tokens, must declare that he/she is the legitimate owner and can use said images, illustrations, logos, trademarks, drawings, models, materials and/or creative expressions and/or has been authorised by the owner of the rights on the aforementioned images, illustrations, logos, trademarks, drawings, models, materials and/or creative expressions, assuming the sole responsibility thereof and pledging to indemnify 8853 SpA from any action or claim that may be advanced or taken by third parties thereby.

8853 S.p.A. declines all responsibility for any unauthorised use of images, illustrations, logos, trademarks, drawings, models, materials and/or creative expressions sent to 8853 S.p.A. which will be reproduced on the "PERSONALISED PRODUCTS” at the request of the User.

6. External hyperlinks (so-called links).
The Website may contain hyperlinks (so-called links) to other websites. 8853 S.p.A. does not assume any responsibility for any content or services offered by third parties, nor does it guarantee the technical availability, reliability, legality of any material and information contained in the linked internet sites over which 8853 has no control.

The insertion of links does not imply any type of association, merger or participation by 8853 S.p.A. with the owners and contents of the linked websites.

It is the user's responsibility to take the necessary precautions to ensure that any material and/or content downloaded and/or used is free of harmful elements such as, but not limited to, viruses, Trojan horses and worms.

7. Cookies
so-called analytics cookies which allow the statistical analysis of accesses/visits by Website Users, as well as all those cookies indicated in the “Cooke Policy” section of the Website which users are invited to read carefully.

Some simple instructions are given below which Users can follow to disable the cookies in the five most common browsers:

Microsoft Internet Explorer: click on then Tools menu in the top right corner and select “Internet Options”. Select “Privacy” in the pop-up window and then, modify the cookie settings;
Google Chrome: click on the Chrome menu in the browser tool bar and select “Settings”. Then, select “Show advanced settings” and click on “Content settings” in the “Privacy” section. You can then modify the cookie settings in the “Cookies” section;
Mozilla Firefox: click on the menu in the browser tool bar and select “Options”. Select “Privacy” in the pop-up window and then, modify the cookie settings;
Opera: click on the Opera menu and select “Settings”. Then, select “Favourites” and click on “Cookies” in the “Advanced” section where you can modify the cookie settings;
Safari: click on the on the menu in the browser tool bar and select “Favourites”. Select “Privacy” in the pop-up window and then, modify the cookie settings.
For further information on managing cookies, you can select the “help” option in your browser for on-line assistance.

Users are invited to consult the “Cookie Policy” for further information on the cookies used on the Website.

For further information on the technology used by 8853 on the Website, users can write to the following email address orovilla@orovilla.com.

8. Duration and modification of these Terms and Conditions.
8853 S.p.A. reserves the right to modify and/or update, these General Terms and Conditions of access and use, without notice and at any time. Any modifications will take immediate effect from the first publication on the website until any additional new modifications.

9. Applicable law and competent court.
These terms and conditions for access and use of the Website, as well as the use of the Website by the User are governed by Italian law.

For any dispute concerning the interpretation, application, validity and execution of these terms and conditions of use of the Website or use by the user, the Court of Verbania of Italian judicial authority will have exclusive jurisdiction.

10. Partial invalidity
If one or more of the clauses herein or part of said clauses is deemed invalid in breach of overriding provisions of law, said provisions will be automatically replaced by the legally established provisions.