TERMS AND CONDITIONS OF USE
www.odissi-studio.com
Welcome to our website odissi-studio.com.
These terms and conditions of use govern the access to and use of odissi-studio.com.
The access to and use of this website, as well as the purchase of products on odissi-studio.com, assume that these terms and conditions of use have been read, understood and accepted, even if you access without registering, using the guest option.
Please read carefully the following provisions before you access the website www.odissi-studio.com (the "Website") or any page of it.
The Website is the property of Him Co Industry S.p.A. with registered office in Viale dell’Industria n. 27, Fossò, 30030 Venezia (VE) and is also managed by the latter as company responsible for the management and the functioning of the Website and Data Processor.
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1) PURPOSES AND FUNCTIONALITIES OF THE WEBSITE
We use the Website to promote and provide information on Odissi® products and collections in Europe (European Union, United Kingdom, Switzerland and Liechtenstein). Specific sections in our Website may contain and make available additional functionalities.
For example, users may be required to register and open a personal account by inserting their data in order to be granted access to reserved areas and contents, inserted in specific mailing lists to receive newsletters relating to Odissi or Him Co Industry S.p.A., or any of its affiliates’ products and initiatives, participate to marketing initiatives promoted by them create customized lists of favorite products and purchase products online, as well as for further purposes.
Although the Website is accessible from anywhere in the world, the possibility to purchase the products posted through it is reserved only to European residents, including Switzerland and U.K. Please check and confirm your place of residence before placing any order.
2) PRODUCTS AND SERVICES; WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
The information on products and services are intended for merely descriptive or promotional purposes. Although Him Co Industry S.p.A. make any reasonable efforts to ensure that the information available on the Website is accurate and constantly updated, Him Co Industry S.p.A. does not make any representation, nor give any warranty as to the correctness, completeness, accuracy or currency of any information on the Website, including, for example, product descriptions, indications on prices and/or availability thereof on the Website.
We have made every effort to display as accurately as possible the appearance, and particularly the colors, of the products included on the Website. However, the actual color you see will depend on your computer settings and we cannot guarantee that your computer will accurately display our colors.
The fact that certain products or services are included on the Website does not imply any guarantee to use the service or to be able to buy the products through the Website at a particular time and/or reference to the availability of the same. From time to time, we may modify or remove, either temporarily or permanently, some of the products and/or services, and related features and specifications, that are displayed on or made available through the Website, or make changes to the applicable prices for any such product or services, or to the circumstances in which we can modify and/or withdraw the products that we may be selling through the Website, without any notice to you.
To the maximum extent permitted by applicable law, Him Co Industry S.p.A. shall, in no event, be liable for any damage or loss arising out of use of the Website and/or Him Co Industry S.p.A.'s content or any information contained on, or the products sold through the Website. Him Co Industry S.p.A. shall not be liable for any indirect damage, whatever the cause, origin, nature and consequences thereof may be, including, without limitations, any cost borne due to loss of intangible goods caused using the Website or by impossibility to use the Website or reliance on the information directly or indirectly made available through the Website.
In any case, nothing in these Terms of Use excludes or limits Him Co Industry S.p.A.’s liability to you for willful misconduct or gross negligence or for any other liability which may not be excluded or limited under any mandatory provision of applicable law.
By using this Website, you agree that, in case of any dissatisfaction relating to this Website, any part thereof and or any product or service which may be made available through this Website, or any clause of these Terms of Use, the sole and exclusive remedy available to you shall be ceasing your use of the Website.
Him Co Industry S.p.A. disclaims any and all liability for the acts, omissions and conducts of any third parties in connection with or related to your use of the Website, including without limitation any liability for any third-party content, information, statement, available on or through the Website, under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. You finally agree to indemnify and hold harmless Him Co Industry S.p.A. against any legal action, claim, complaint from any third parties, and related damages and costs, including any legal expenses (including reasonable attorney fees), caused by or connected to any irregular and/or unlawful use by you of the Website and/or Him Co Industry S.p.A.’s Content.
3) Him Co Industry S.p.A.’S CONTENT
All rights, titles and interests in and to the Website and all of its content, including, but not limited to, its software or HTML code and other computer code contained in both the Website’s back-end and front-end components, the Website’s visual user interface, text, graphics, scripts, artwork, photographs, images, designs, audiovisual materials and any other materials that form in any way part of the Website (collectively, "Him Co Industry S.p.A.’s Content") is owned by Him Co Industry S.p.A. and/or its licensors, if any. All Him Co Industry S.p.A.’s Content is protected by national intellectual property laws, including but not limited to copyright, patent and trademark laws, and other laws and international treaty provisions on intellectual property rights.
The use of the above-mentioned intellectual property is allowed only for informative and private purposes. It is forbidden to copy, download, distribute, modify, create derivative works of, or extracts from, publish, or otherwise use or exploit such material without the prior written consent of Him Co Industry S.p.A. or, as appropriate, other owner of the corresponding rights or unless that such activities are not expressly permitted by a notice or instructions on the Website. However, it is prohibited to reproduce the intellectual property on the Website for the purpose of sale, distribution for commercial purposes, insertion or posting on other unauthorized sites, also through linking, framing, mirroring or deep linking. The violation of laws protecting intellectual property will expose the infringer to civil and criminal liability.
4) Him Co Industry S.p.A.’S TRADEMARKS
All trademarks (including Odissi®), whether registered, unregistered or under registration, in Italy or abroad, trade names, logos, brand names and product names used, displayed or in any way included on the Website ("Him Co Industry S.p.A.’s Trademarks") are the exclusive property of Him Co Industry S.p.A. or of its licensors, if any. These Terms of Use do not entitle you in any way to use Him Co Industry S.p.A.’s Trademarks and we remind you that the use by you of Him Co Industry S.p.A.’s Trademarks in any manner is strictly prohibited.
Him Co Industry S.p.A. reserves the right to take any legal action to protect their rights in the event of misuse.
5) USER’S CONTENT
Any content, file, document, feedback, comment, suggestion, idea, data, information, image, picture and generally any materials that you submit to the Website or to Him Co Industry S.p.A. with reference to this Website or to the use of this Website or any part or section thereof (“User’s Content”) shall be deemed non-confidential and non-proprietary.
We reserve the right to use such User’s Content on an unrestricted basis, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. Him Co Industry S.p.A. shall have the unlimited right to use any ideas, concepts, know-how, or techniques received by Him Co Industry S.p.A. as User’s Content, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products based on such information, and without the user who submitted, created and/or realized the relevant User’s Content being entitled to receive any compensation. Him Co Industry S.p.A. thus invites you not to send us through the Website any content, item or information that may fall within the above categories and/or that you consider to be confidential or proprietary.
6) THIRD PARTY CONTENT
The Website may contain, use or display content created by third parties, information obtained from public sources and/or links to external web sites or webpages operated by third parties ("Third Party Content").
Him Co Industry S.p.A. does not control or monitor such Third Party Content and is not responsible or liable for the accuracy, security or reliability of any Third Party Content and cannot and does not guarantee that such Third Party Content will not contain any virus or any other functionalities suitable to damage the users’ data and/or property.
Any link or reference to any Third Party Content connected to the Website is not and shall not be construed in any way as an endorsement by Him Co Industry S.p.A. of the linked or referenced Third Party Content. Access to any Third Party Content is at your own risk and Him Co Industry S.p.A. will have no liability to you for any loss or damage that you may suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Content or caused by or in connection with any purchase of goods or services available on or through any such Third Party Content. In case you access, in any form or manner, and for any purpose, such Third Party Content, Him Co Industry S.p.A. invites you to immediately review the terms and conditions regulating the use of the relevant Third Party Content.
7) WARRANTY
You acknowledge and agree that the use of the Website is at your own sole risk and you are entirely responsible for your use of the Website and any Third Party Content. Him Co Industry S.p.A. takes all measures necessary to reduce, as reasonably possible, the risk that the Website and Him Co Industry S.p.A.’s Content contain any viruses and defects.
However, Him Co Industry S.p.A. cannot guarantee that your computer equipment, hardware or software or any data stored or created by your computer equipment, hardware or software will not be damaged, corrupted, lost or otherwise affected if you access or use the Website or any Content. You are responsible of procuring the technological, computer and telecommunications means, as well as acquiring the knowledge, necessary to access and use the Website and Him Co Industry S.p.A.’s Content and for the related costs and expenses. Him Co Industry S.p.A. does further not warrant that the Website or any Him Co Industry S.p.A.’s Content, service or feature of the Website will be uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results.
The Website and the Content are delivered on an “as is” and “as available” basis. In addition, Him Co Industry S.p.A. disclaims all warranties, express or implied, including any warranty of accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose.
8) YOUR USE OF THE WEBSITE
You are permitted to use the Website and Him Co Industry S.p.A.’s Content for your personal and non-commercial use only and always in compliance with these Terms of Use and with all the applicable laws and regulations.
You acknowledge and agree that you may not and may not permit, assist or allow any third party to:
(a) copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute this Website or any Him Co Industry S.p.A.’s Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, web site;
(b) access or use this Website or any Him Co Industry S.p.A.’s Content for any commercial purposes, including any advertising or advertising revenue generating activity on your own or any third party’s web site, platform or other online space or means;
(c) use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or the Him Co Industry S.p.A.’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any Him Co Industry S.p.A.’s Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies;
(d) access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any Him Co Industry S.p.A.’s server to which you are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means;
(e) probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website;
(f) breach the protection, security or authentication measures on the Website;
(g) reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website, or any other customer, or carry out any similar activity;
(h) exploit or use the Website, any Him Co Industry S.p.A.'s content, or any service or information made available or offered by or through the Website for any unlawful purposes or for any purposes not allowed by these Terms of Use or solicit the performance of any illegal activity or other activity which infringes the rights of Him Co Industry S.p.A. or others;
(i) take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website;
(l) use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
Him Co Industry S.p.A. reserves the right to discontinue or suspend your access or use of the Website, without notice, if (I) we reasonably deem you have violated the Terms of Use, or (II) we reasonably deem such a measure necessary for security reasons.
9) CHANGES TO THE TERMS OF USE
Him Co Industry S.p.A. reserves the right to change, modify, revise, add or remove any part of these Terms of Use by updating this document, at any time and without prior notice to you. Changes to these Terms of Use will be communicated by placing a notice on this Website. We thus invite you to check these Terms of Use periodically.
If you do not agree with any of such changes, you must immediately cease your access or use of the Website. By continuing the use of the Website following the posting of changes you accept and agree to the changes.
10) ENTIRE AGREEMENT
The following Annexes constitute integral and essential part of these Terms and Conditions of Use and must be read in conjunction with them:
- Terms of sale
- Shipping policy
- Return policy
- Business Policy
- Privacy & Cookie Policy
By accepting these Terms and Conditions of Use, you accept also all the provisions contained in the above-mentioned annexes along with all the respective, specific clauses listed herein below.
11) GOVERNING LAW AND JURISDICTION
These Terms and Conditions of Use and the relevant Annexes are governed by Italian Law.
All disputes arising in connection with them will be resolved by the Court of Milan (Italy), without prejudice however to Him Co Industry S.p.A.’s right to pursue any infringement and/violation of these terms and Conditions of Use in other concurrent jurisdictions, as it deems appropriate.
By ticking off the relevant box on the Website, you declare to have carefully read, clearly understood and fully accepted the contents of these Terms and Conditions of Use and of the relevant Annexes.
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By ticking off the relevant box on the Website, you also declare to have carefully read, clearly understood and fully accepted the following specific articles and provisions:
• article n. 2 "PRODUCTS AND SERVICES; WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY”; article n. 6 “THIRD PARTY CONTENT”; article n. 7 (“WARRANTY”); last paragraph of article n. 8 regarding discontinuance or suspension (“YOUR USE OF THE WEBSITE”); article n. 9 (“CHANGES TO THE TERMS OF USE”) provided by the “Terms and Conditions of Use”; article n. 11 (“GOVERNING LAW AND JURISDICTION”).
• article n. 2.3; article n. 2.4; article n. 3.3; article n. 5 provided by Annex 1 “Terms and Conditions of Use of the Account Service”;
· article n. 2.3; article n. 5.1; article n. 5.4; article n. 5.7; article n. 5.10; article n. 5.11; article n. 6.4; article n. 6.5; article n. 8.1; article n. 9.1; article n. 10.2 ; article n. 10.3 ; article n. 10.4; article n. 10.5 ; article n. 13.1 of Annex 2 “Terms of Sale”;
· the “Conditions of exercising the right to return” paragraph of the Annex 3 “Return Policy”
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Should any provision of these Terms and Conditions of Use and/or their annexes turns up or reveal to be invalid, null or unenforceable, it will be automatically replaced by the relevant provisions of the Italian Law, according to their respective subject matter.