- Access to the Site
- Web Surfer's obligations
- Link and malware
- Industrial and intellectual property
- With these Legal Notices, Fratelli Marzi S.r.l., Tax Code and VAT Registration Number IT03527170488, with its registered office in Campi Bisenzio (50013 - FI), Via Bruno Buozzi 149/151 ("Marzi"), sets out the regulations for accessing and browsing this Internet site, which is discretionally managed by Marzi ("Site"), under the sole ownership of Marzi, as a vehicle for its own initiatives.
- The following expressions conventionally indicated by a capital letter (whether they be in the singular or in the plural) have the respective meaning:
- General conditions of online sale (or "GCOS"): contractual conditions by which Marzi regulates commercial relations with web surfers and buyers, as defined below, pursuant to electronic negotiation;
- Buyer: party concluding the contract with Marzi. Pursuant to the Italian Consumer Code (Legislative Decree no. 206/2005), the consumer is defined as the natural person acting for purposes which are not related to his or her trade, business or profession ("Consumer") and the professional is the natural or juridical person acting for purposes which are related to his or her trade, business or profession, or an intermediary of his or hers ("Professional"). When reference is made to the Buyer in the GCOS, it is intended to include both the Consumer and the Professional; if this is not the case, reference will be made to the interested party (for example, in the clause relative to the right to withdraw, which can only be exercised by the Consumer);
- Web Surfer: party who surfs the Site, and who undertakes to comply with the regulations provided for here in as far as they concern him or her, even if he or she is not a Buyer;
- Data: the personal data of the Web Surfer and the Buyer, supplied in accordance with Privacy, for example, by filling in the Site's registration form;
- Product: merchandise that is the object of the individual Transaction (hats and accessories). All information relating to Products provided on the relative product detail page cannot be deemed binding for Marzi if not in the forms and in accordance with the procedure provided for by the GCOS. It should be specified that the product detail page contains details and information relevant to the Product and that in case of special requirements it is the responsibility of the Buyer to request from Marzi additional information about the Product;
- Service: management of an electronic commerce platform designed for Web Surfers for the sale/purchase of Marzi products. In short, thanks to the Service, Web Surfers can (i) browse catalogues of Products and (ii) buy Products online. It is understood that the Service is under the ownership of and exclusively ascribable to Marzi, who manages it wholly autonomously and at its sole discretion, without prejudice to the application of the GCOS;
- Parties: Marzi, Buyers and Web Surfers;
- Contract: agreement for the sale/purchase of one or more Products concluded electronically between the Parties pursuant to the GCOS. The Contract is deemed to be concluded in the place where Marzi has its registered office.
3. Access to the Site
- The Site hosts a web platform designed to provide a Service through which Web Surfers can buy Marzi Products.
- Access to the Site, viewing of information about Products on the Site and registration to the Site are free of charge.
- Without prejudice to the fulfilment of the obligations deriving from Contracts, Marzi does not guarantee continuous and uninterrupted access to the Site, which, moreover, might be affected by various factors independent of its control, and to the Service. Access to the Site (including the area reserved for online shopping) may be suspended and/or interrupted at Marzi's discretion, due to, for example, technical reasons of any kind, business decisions, a fortuitous or force majeure event, breaching of the Web Surfer's obligations as set out below, without the latter, in any case, having any right to claim against Marzi.
- Marzi will also have the right at any time to make changes to the Site and to the means of accessing the Service, even where such changes may involve a variation in the contents of the Service.
- The Contracts of purchase/sale concluded between the Parties are regulated by the GCOS viewable on the Site.
5. Web Surfer's obligations
- The Web Surfer undertakes to access the Site and to use the Service with all due regard for mandatory regulations of a civil, penal and administrative nature (local, regional, national, Community and international) and in particular, but not solely, for rules and regulations (i) concerning personal data protection, (ii) concerning copyright and industrial property, (iii) designed to combat cybercrimes.
- Bearing in mind the above, not by way of limitation, the Web Surfer undertakes: (i) not to use the Site for purposes that are illegal, unlawful or contrary to public order, good behaviour and morality; (ii) not to use the Site to transmit or distribute in any way unauthorised material vis-à-vis the Objective and the Service offered by Marzi, such as unlawful, illicit, pornographic, racist and/or at any rate obscene, vulgar or defamatory material; (iii) not to transmit material and/or messages that might encourage a third party to behave in an unlawful and/or criminal way subject to penal, civil or administrative accountability; (iv) not to send commercial and/or promotional messages, nor to engage in spamming or chain letter activity, or any other form of communication that is unlawful and/or contrary to the rules of netiquette; (v) not to infect the network or computer system that allows the Service to be supplied with viruses, malware or other harmful programs that may interfere with, damage, intercept or remove personal property and/or personal data or information, nor to use any programs of a peer to peer type or having the same aims; (vi) not to engage in actions that might give rise to an undue burden being placed on the Site system or cause an information overload.
6. Link and malware
- Despite periodically inspecting the content of web pages linked from the Site or reachable through advertising banners (and/or other advertising spaces) which may be present on the Site, Marzi cannot accept any responsibility regarding the contents of said pages.
- Despite periodically inspecting the Site, Marzi cannot guarantee that it is free from viruses or from other potentially harmful programs. Before going online and carrying out any operation, including, in particular, downloading documents and software, the Web Surfer must always take the most up-to-date protection measures.
8. Industrial and intellectual property
- The Web Surfer acknowledges that the distinguishing signs and brands, contents, information, programs, layouts, texts, images, photographs (including, in particular, photos of the Products worn by models), videos and databases used by Marzi, as well as every and any technical, ideational and creative solution contained and/or adopted by Marzi on the Site are covered by monopoly rights or at any rate are exclusively owned by Marzi, except where otherwise indicated in writing, and in any event agreed with entitled parties.
- It is expressly forbidden for Web Surfers to make any use of the Site that is not strictly connected with the aims pursued by Marzi and contrary to the provision under point 8A, including, by way of example, the reproduction, sale, modification, distribution, transmission, (even partial) republication of contents, of information, of programs, of layouts, of texts, of photographs and of databases available on the Site and of the technical, ideational and creative solutions adopted.