Legal Notice
GENERAL CONDITIONS OF USE
These general conditions (hereinafter the "General Conditions of Use") govern access to the "www.moarjewels.com" website (hereinafter the "Site"). (hereinafter the "Site") and also govern the method of using the services offered on this platform.
Accessing, using and browsing the Site, including placing an order for products via the platform, presupposes examination and knowledge of, and in any case implies the unreserved acceptance of, and requires the scrupulous compliance by the User with these General Conditions of Use, as well as with the other applicable conditions and provisions (including, by way of example, the Privacy Policy on the protection of personal data).
When registering and/or creating an account on the Site, the User may be asked to expressly accept these General Terms and Conditions of Use, failing which the services requested and/or the order confirmation stages may not be guaranteed.
The term "Use" and/or "Usage" refers to any operation carried out by the User from the moment of access to the Site, including simple consultation, whatever the access device (PC, tablet or smartphone), the type of connection (private, third party, public or WIFI) and the location of the connection.
These conditions may be amended, supplemented and/or updated by Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) and those published on the Site at the time of its use shall apply.
1 - CORPORATE INFORMATION
The Site and all its contents are created, managed, administered and owned by the company Morini Jewellerywith registered office in Via Carducci 12 in Forte dei Marmi 55042 (Lu), tax code and VAT number IT00338010465, insr. REA LU-77677 - email info@morinigioielleria.comtel. 0584/83263, which also manages all purchases made through the e-commerce platform.
2 - CONDITIONS OF USE OF THE SITE
Access to and use of the Site and the services provided is reserved exclusively for persons of legal age acting exclusively for personal purposes and not in the exercise of their own entrepreneurial, commercial and/or professional activity.
Access to some of the services offered by the Site may be subject to registration and/or the creation of an Account on the Site, for which the User may be asked to provide information that allows identification and which will be processed in compliance with current and applicable legislation, in accordance with the Privacy Policy adopted by Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) and available on the Site.
The User is obliged to provide true, correct, verifiable and up-to-date information and personal data and is exclusively and personally liable for the communication and use of false, incorrect information and data and/or relating to third parties who have not given their express and prior consent, as well as for any related consequences, for any reason and for any damage.
You are solely responsible for the safekeeping and proper and lawful use of your personal and financial information, including your registration and Account credentials, as well as for any detrimental consequence or prejudice that may result to you, to Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) and/or third parties, as a result of the incorrect and/or abusive and/or illegal use, loss and misappropriation of such information and credentials.
The User undertakes to immediately inform Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) i if you suspect that you have gained unauthorised access to your account and/or that your password has been hacked.
The User may only use the Site for lawful purposes.
Any behaviour which, even by mere attempt, may result in unauthorised access to the Site and to the reserved areas is prohibited.
It is prohibited to use the Site in violation of the law and/or for illegal or fraudulent purposes, to harm or attempt to harm minors in any way, or to receive, upload, download, use or reuse any non-compliant material, to transmit or obtain the transmission of unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) and to transmit data or upload any material containing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other harmful programs.
3 - REGISTRATION - ACCESS TO THE SITE.
Access to the Internet, which is necessary in order to use the Site, and all related charges and costs, including those of connection, are the responsibility of the User, who must independently obtain all necessary hardware or software support and is personally responsible for the operation and maintenance of his or her own equipment (PC/tablet/smartphone) and for taking all necessary measures to ensure his or her online security and that of the data contained therein.
The User may register and/or create a personal account in order to access certain services and to be able to place orders for Products of the Morini Jewellery on the portal.
The User may withdraw at any time from registration on the Site and/or subscription to a Service, as well as delete his account, without giving any reason, by sending this request to the following e-mail address info@morinigioielleria.com and the Morini Jewellery will do so as soon as possible.
Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) may cancel and/or suspend at any time the User's registration and/or account, the provision of a Service, as well as inhibit, limit, suspend access to and navigation on the Site, with immediate effect, at its own discretion and without assuming any liability, in the event of violation by the User registered or with an account of even only one of these General Conditions of Use and/or in the event of use of the Site contrary to the regulations in force, reserving any other and further initiative and action, as well as any compensation.
Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) in any event, reserves the right to determine, at its own discretion, whether there has been a breach of the terms of use of the Site during its use and in the event of any such breach, may take such action as it deems appropriate to protect itself.
Failure to comply with these General Terms and Conditions of Use of the Site by the User, even if not registered and without an account, may result in the following consequences, at the discretion of Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) the temporary or permanent suspension of the possibility of accessing and/or using the Site, legal action, the communication of information to the competent authorities where this is necessary or appropriate in order to protect the rights of Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) and/or to prevent and/or counteract unlawful activity.
As the provision of services to the registered User or User with an account may require the Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) to make use of electronic communication channels (such as e-mail, SMS or telephone), the User accepts the possibility of being contacted by the Morini Jewellery at the latter's expense. All costs and expenses for communications by the User to Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) in any form and by any means, shall remain the sole responsibility of the User.
4- SITE CONTENTS - INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site (including, but not limited to, the software, implementation, layout, structure, menu, fonts, design, graphics, diagrams, methods, processes, functions and so on), its content (including, but not limited to works, images, photographs, drawings, models, figures, dialogues, music, sounds and videos, clips, documents, drawings, logos, distinctive elements, concept) and any other material, in any format, published on www.moarjewels.com are the property of the Morini Jewellery and are protected by copyright as an individual and/or collective work and by all other intellectual property rights.
The User may only view the Site and its contents and is only authorised to carry out operations aimed at the temporary reproduction of the Site and its contents that are transient and/or incidental to their legitimate use and that are devoid of any indirect economic significance of their own.
Such reproduction shall be carried out only for lawful purposes and in accordance with copyright and other intellectual property rights of Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) and the authors of the individual works contained in the website. The authors of individual works published on the Website have the right to claim towards third parties the authorship of their works and to object to any distortion, impairment or other modification of the works themselves, including any act to the detriment of their honour or reputation.
With the exception of reproduction made by the User for lawful purposes, for purely personal use and for non-commercial and profit-making purposes, the reproduction (in whole or in part, on any medium, including non-durable, in any form) of the Site and its contents is prohibited without the express and specific written consent of Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) which has the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Site and its contents, without prejudice to the right recognised, where appropriate, to authorisation by the authors of the individual works contained on the Site.
It is also forbidden, in any form and/or by any means and for any purpose, even in part, to divulge, republish, distribute, transmit, make available to the public, display, remove, delete, add to or otherwise modify the Site and/or its contents, create and/or use, sell and/or participate in the sale of works derived from or in any case inspired by those published on the Site, reproduce the graphics and/or structure of the Site and copy or imitate its constituent elements and published material.
Downloading or copying the content of the Site, even if specifically authorised in writing by Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) do not imply the acquisition by the User of any right, title or interest in the Site, its content or software.
The User of the Site is not recognised as having any right and, indeed, is prohibited from any act of economic exploitation of the contents of the Site, including with reference to registered and unregistered trademarks, patents, technologies, products, processes, drawings, models and any other intellectual and/or industrial property right of Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) and/or third parties referred to on the site.
5- – TRADEMARKS, LOGOS AND DOMAIN NAMES
All trademarks, trade names, logos, designs and other distinctive signs reproduced in the name of Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) on the Site, even if not registered, are the property of Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) which is the owner of all related rights, also for the purpose of exercising any action necessary and appropriate for its protection, and are published for the sole purpose of distinguishing, representing and promoting the interest of the User and advertising the products of Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) , without implying any authorization or license, express or implied, to use them for any purpose whatsoever.
Any use, storage, modification, publication and reproduction on other websites or in commercial material, even in part, of the trademarks, trade names, logos, designs and other distinctive signs of Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) on the Site, except with the prior express written consent of Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) are prohibited; it is also prohibited to create and/or use trademarks, trade names, logos, designs and distinctive signs similar to and/or confusable with those of Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi)
Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) shall take all actions for its own protection in the event of violation of the above conditions, reserving the right to claim damages for any reason whatsoever.
Failure by Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) of initiatives and remedies, even in or out of court, does not entail and shall not be valid and intended as tacit consent and/or tolerance, nor as a waiver of the exercise of its rights and faculties in respect of any breach by the User of the General Conditions of Use of the Site and/or the rights and faculties referred to in Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) is a holder.
6 - RESPONSIBILITY
Consultation and use of the Site and its services, including those relating to and/or ancillary to the placing of purchase orders for the products published on the portal, are carried out on the User's initiative, choice and under his sole and personal responsibility.
To the extent permitted by law, the Site, its content and services are provided free of charge by Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) as they are (on a "as is”).
Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) cannot be held liable for any damage resulting from access to and use of the Site and the information and content published on it that does not comply with these General Conditions of Use and the regulations in force.
Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) has adopted appropriate technical and organisational measures to safeguard the security of its services on the Site, the integrity of traffic data and electronic communications against unauthorised use or knowledge, in order to avoid both the risk of dispersal, destruction and loss of data and confidential and non-confidential information relating to its users, and the risk of unauthorised or unlawful access to such data and information.
Within the limits of the applicable legislation, however, the Morini Jewellery does not provide any guarantee in relation to the Site, its contents or services, such as, by way of example but not limited to, any guarantee of accessibility and usability of the Site with continuity and without interruptions or operating errors, protection against harmful programs (such as viruses, bugs, malware or similar), of suitability for certain purposes, without interruptions and/or errors and/or malfunctions due to connection to the Internet and/or the need to update the Site and its contents, the User being expressly exempted from any liability in this regard by acceptance of these General Conditions of Use.
Any use of the Site (including browsing and downloading, excluding anything else) is made by the User at his or her own choice and risk. Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) and its service providers, managers and/or administrators and all the subjects involved in the conception, creation, production and distribution of the Site are not liable for any damage, for any reason whatsoever, deriving from the inaccessibility and/or interruption of the services present on the Site and/or from delayed transmission, or, merely by way of example, for damage caused to the User's PC/tablet/smartphone by computer viruses, for damaged files, for deletion of content, for line and system malfunctions, for problems connected with the network, providers or telephone and/or telematic connections, for unauthorised access, for alteration of data, for failure and/or defective operation of the User's own electronic equipment and for costs related to the assistance and maintenance of hardware and/or software used in connection with the Site.
By using the Site, the User agrees to raise Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) from any liability (except for liability for wilful misconduct and gross negligence) and to indemnify you against any damage, direct or indirect, cost and expense, arising from your use of the Site and your breach of these Conditions of Use of the Site.
Within the limits of the applicable legislation in force, the user shall indemnify and hold harmless Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) from all costs, charges and damages, including legal fees, that may be caused and arise from access to and/or use of the Site carried out in violation of the rules of the legal system in force, of these General Conditions of Use and of the General Conditions of Sale contained in the Site and/or that are in any case detrimental to the rights of third parties.
In some countries the above limitations and/or exclusions of liability may not apply to you and, in such case, will not apply to you if you are a resident of and operate the Site from those countries.
7 - LINKS TO OTHER WEBSITES
The Site contains hypertextlinksto other websites that have no connection with the Site.
Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) idoes not verify, nor does it manage, nor does it carry out monitoring operations of such websites and their contents, and cannot be held responsible for the contents of such websites and the rules adopted by them, also with regard to the processing of the user's personal data during navigation operations. The user, therefore, is required to carefully read the terms of sale or service, conditions of use and privacy policies of such sites.
These General Terms and Conditions of Use, the General Terms and Conditions of Sale and the Privacy Policy of the Site do not apply to websites managed by parties other than Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi).
The Site provides links to other websites solely to facilitate its users in their search and navigation and to facilitate hypertext links on the Internet to other websites. The activation of links does not imply any recommendation or signalling of Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) for accessing and browsing these websites, nor any guarantee of their content, services or goods provided and sold by them to Internet users.
The contact is necessary to activate the request for consent to hyperlink to www.moarjewels.com.com.
The activation of links is granted by Moar Jewels to the applicant, free of charge and non-exclusively, subject to authorisation by Moar Jewels and verification of the applicant's requirements.
8 - PROTECTION OF PERSONAL DATA
The User is invited to read, examine and know the Privacy Policy adopted by Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) which applies in all cases of use of the Site by the user, even if he does not order any product.
9- WARNINGS
Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) has taken every measure and care to prevent the publication on the site of content describing, illustrating or representing scenes or situations of physical or psychological violence, or which, according to the sensitivity of the users of the site, may be considered harmful to civil convictions, human rights and the dignity of persons, in all its forms and expressions.
Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) l does not guarantee that the contents of the Site are appropriate, adequate or lawful in countries other than Italy: in this case, the User is invited not to access the Site and, if not, only the User will be personally responsible for accessing the Site and using the services provided.
Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) has taken every precaution to ensure that the information and contents of the Site are accurate, correct, up-to-date and free of errors, reserving the right to modify, supplement or delete them at any time at its own discretion.
Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) does not guarantee, nor does it accept any responsibility towards users for the correctness and completeness of the content published, without prejudice to its own liability for intent and gross negligence and/or as otherwise provided for by law.
If one or more of the clauses of these General Terms and Conditions of Use are declared null and void as a result of the application of a law, regulation or final judicial or administrative decision, the other clauses will retain their effectiveness and validity.
10- APPLICABLE LAW
The General Conditions of Use are governed by and must be interpreted in accordance with the rules of Italian law, just as non-contractual obligations arising from the use of the Site and/or related to them are governed by Italian law: the application of the mandatory rules of the User's place of residence remains unaffected.
Disputes arising out of, relating to or in connection with the General Conditions of Use and any non-contractual obligation arising out of or in connection with the same shall be referred exclusively to the Court of Lucca, or to the court of the User's place of residence if so required by a mandatory provision of the applicable law.
Disputes arising out of, relating to or in connection with the General Terms and Conditions of Use and any contractual obligations arising out of or in connection with them where these General Terms and Conditions of Use have been accepted by the user as a consumer within the meaning of the Consumer Code, may be settled out of court in accordance with the provisions of Title II Bis "Out-of-court dispute resolution"Part V of Legislative Decree No 206 of 6 September 2005: Moàr, registered office (Gioielleria Morini , via Carducci 12 - 55042 Forte dei Marmi) suggests as of now and guarantees its adhesion to the conciliation service set up at the Chamber of Commerce of Lucca.