1. Introduction
1.1 This document sets forth the conditions of use (the ‘Terms of Use’) of the website www.movingcmp.com owned by F.lli Campagnolo with registered office in Romano d'Ezzelino, Via Merlo, 2 36060 (Vicenza) Italy, Registration with the Companies' Register of Vicenza at No. 00170620249, REA VI - 93647, VAT No. 00170620249 (respectively the “Site” and ‘F.lli Campagnolo’) to which all persons intending to navigate on the pages of the Site (the ‘Users’) must comply.
1.2 Anyone accessing the Site must examine the Terms of Use very carefully and print and keep a copy of them.
1.3 Acceptance of the Terms of Use occurs by accessing the Site or, in any case, by browsing its web pages. Where a User does not intend to accept the Terms of Use, it is sufficient for him to refrain from navigating on the pages of the Site.
1.4 The Terms of Use may be modified or simply updated, in whole or in part, by F.lli Campagnolo at any time, without any prior notice of such circumstances being given to the Users and without prejudice to the latter's obligation to review them periodically before accessing the contents of the Web Site.
2. Content of the Site and Privacy Policy
2.1 The Site allows Users to view the features of F.lli Campagnolo products, to select the most suitable offer for their needs by means of a guided procedure, to receive information with reference to after-sales assistance, and to register on the Site (hereinafter the ‘Services’). Before availing of the various services available on the Web Site, F.lli Campagnolo invites each User to carefully examine the relevant contractual conditions and, in particular:
- the information relating to the processing of personal data (‘Privacy Policy’) which is also applied in the event that the User accesses the Site and uses the relevant services, but does not purchase any product
- the general conditions of sale governing the marketing to Users of the products available on the Web Site by F.lli Campagnolo; (‘Terms of Sale’).
The aforementioned contractual documents take precedence over the Conditions of Use in the event of any discrepancies, inconsistencies and/or differences.
2.2 F.lli Campagnolo intends to offer, through the pages of the Site, general information relating to its business. Although such information is constantly checked and updated by personnel identified by F.lli Campagnolo, its content should not be considered either exhaustive or complete. Therefore, the User who intends to rely on the information contained in the Web Site is required, in any case, to carry out an independent and further verification of its accuracy.
Similarly, the material contained in the Site is to be considered “on as is basis”, with the consequence that it may not be adequate and/or suitable for the specific purposes and interests pursued by the person accessing its pages, or may contain elements that, if reused, could lead to infringement of intellectual property rights owned by third parties.
2.3 The Site may also contain links to Internet sites owned by third parties. In this case, the hypertext links will have the sole function of facilitating the navigation of Users, without there being any relationship between the content of the Site and that present in the third party site, which therefore remains totally outside the sphere of action of F.lli Campagnolo.
2.4 Moreover, the presence of such links should in no way be construed as a recommendation to visit, by F.lli Campagnolo, the websites linked to them. On this point, it should be noted that F.lli Campagnolo does not control or monitor such websites, nor the information contained therein, with the result that F.lli Campagnolo cannot be held liable in any way for their contents and/or the rules adopted by them, not even in relation to the processing of users' personal data connected with browsing operations.
2.5 Furthermore, F.lli Campagnolo informs you that it cannot influence in any way the structure of the third party websites linked to the Site, nor have any knowledge of the truthfulness, correctness and adequacy of the materials and/or information contained therein, even in the event that there is a contractual relationship between F.lli Campagnolo and the third party owner of the website accessible through the link.
3. Industrial and/or intellectual property rights
3.1 All the contents of the Site are protected and safeguarded by current copyright and industrial and/or intellectual property laws. By way of example only, and not exhaustively, the content of the Site must be understood to include, inter alia: texts; images; photographs; films; databases; graphs and tables; slogans; audio reproductions; drawings (animated or not); any graphic and/or text representation in general, including menus, web pages, graphics, colours, diagrams, tools, fonts and design of the Site, diagrams and layouts; methods, processes, functions and software used for the operation of the Site.
Therefore, it is not permitted to copy and/or reproduce, in whole or in part, temporarily or permanently and in any manner or form, the content of the Site without the express written authorisation of F.lli Campagnolo, or, where applicable, of the authors of the individual works on the Site.
3.2 At the same time, all trademarks, domain names, company names, firms and insignia present on the Site are owned by F.lli Campagnolo or, in any event, by third parties with which F.lli Campagnolo has relations of collaboration in various capacities, and, therefore, protected by current legislation on distinctive signs. Reproduction in any form or manner without the express written authorisation of F.lli Campagnolo or the relevant owner is therefore strictly prohibited, as is the registration of the name ‘F.lli Campagnolo’ in any domain whatsoever.
3.3 Lastly, F.lli Campagnolo makes it known that it is absolutely forbidden to use any of the distinctive signs present on the Site as metatags, i.e. as html language commands which, while not entailing the display or formatting of a certain command, in any event provide instructions to electronic agents or search engines to increase the findability of a site other than the one attributable to F.lli Campagnolo.
4. Features of the services
4.1 Although adopting all the most innovative and advanced technological solutions to ensure that the Web Site is constantly accessible and free from defects of any kind, F.lli Campagnolo informs that it may not be reachable and/or compatible with the computer systems used to access it, nor free from errors, viruses and/or other computer malfunctions. Accordingly, anyone accessing the Site expressly acknowledges and accepts that its use is therefore to be intended as ‘on as available basis’.
4.2 F.lli Campagnolo makes no warranties with respect to the services available on the Web Site, in particular, with respect to their contents, specific function, reliability, availability or ability to satisfy the User's needs. The services are provided on an ‘as is’ basis. Some jurisdictions provide certain warranties, such as the implied warranties of merchantability, fitness for a particular purpose and against evasion. To the extent permitted by law, F.lli Campagnolo disclaims all warranties.
4.3 For any problems encountered in using the Site, Users may send an e-mail to customercare@movingcmp.com.
4.4 F.lli Campagnolo assumes no liability for any damage resulting from the inaccessibility to the services present on the Site or from any damage caused by viruses, damaged files, errors, omissions, interruptions of service, deletion of contents, problems connected with the network, providers or telephone and/or telematic connections, unauthorised access, alteration of data, failure and/or malfunction of the Users' electronic equipment.
5. Terms and conditions of use of the Site
5.1 In addition to the provisions of article 3 above, F.lli Campagnolo informs you that the content of the Site may not be, in whole or in part, copied, reproduced, republished, uploaded, transcribed, transmitted or distributed, in any manner or form whatsoever, without having obtained the prior written authorisation of F. lli Campagnolo, except for the printing, downloading and display of part of the content of the Site made for exclusively personal and non-commercial purposes and provided that the material in question is not modified in any way and that all the rights and obligations of the same are maintained. lli Campagnolo, except for the activities of printing, downloading and displaying part of the contents of the Site made for exclusively personal and non-commercial purposes and provided that the material in question is not modified in any way and that all information relating to intellectual and/or industrial property rights appearing therein is preserved.
5.2 At the same time, the content of the Site may not, in whole or in part, be disseminated through communication channels such as the Internet, television, radio or any other systems without prior written authorisation from F.lli Campagnolo.
5.3 The information and materials contained in the Site may not, moreover, be used for commercial purposes for the purpose of setting up databases of any kind and nature, nor may they be stored (in whole or in part) in pre-existing databases, whether accessible exclusively by the creator or made available to third parties. Access to and use of the Site, including the display of the web pages comprising the Site, communications with F.lli Campagnolo, the possibility of downloading product information and the purchase of products through the Site constitute activities conducted exclusively for personal use.
5.4 Users shall be solely and exclusively responsible for the use of the Site and the use of its contents. F.lli Campagnolo cannot, therefore, be considered liable in any way in the event that Users use the Web Site or the information contained therein in a manner that is not compliant with applicable laws. In particular, Users are the sole and only responsible in the event that they communicate information and/or data which are incorrect, false or relating to third parties without the latter having given their consent, or make incorrect use of such data.
5.5 Moreover, without prejudice to what is set forth at the beginning of this paragraph, in the event of downloading of the contents of the Site by Users, any liability for any damage to computer systems and/or loss of data resulting from such downloading operations shall fall upon such Users and cannot in any way be imputed to F.lli Campagnolo.
6. Obligations of Users
6.1 Whoever accesses the Site implicitly declares to be of age and undertakes to:
a. not to use the Site and the material it contains for illicit purposes or in any case contrary to the laws in force
b. to behave diligently and in good faith when navigating on, and using, the Site
c. use the Site only to benefit from its services
d. not to use the information on the Site for unlawful purposes or, in any case, in violation of the rights of third parties
e. not to interact with, or make purchases through, the Site claiming to be acting in the name of, and on behalf of, a third party, where they do not have the necessary powers to bind the latter.
6.2 Users undertake not to use the Site - that is, not to allow any third party to use the Site - in order to
a. alter, violate, disable or destroy the protections present on the Site or test its vulnerability;
b.interfere in any way with the surfing on the Web Site or with the enjoyment of the services offered by F.lli Campagnolo by other Users by making, by way of example but not limited to, attempts to overload the system, the Web Site itself or by inserting viruses in it
c. access the services offered by F.lli Campagnolo from a platform other than the Home Page
d. attempt to circumvent the security measures of the Web Site, or to breach the network on which the latter is present, by accessing, inter alia, data not expressly intended for the Users themselves, or by probing the security of other networks (for example, by means of ‘port scanning’);
e. perform any form of network monitoring that intercepts data not expressly intended for the individual User;
f. send unsolicited e-mails, including ‘junk mail’ or other advertising materials to people who have not expressly requested them. Specifically, Users are expressly prohibited from sending large quantities of unsolicited bulk e-mails (‘bulk mail’), including messages relating to commercial advertisements, promotional or informational announcements, and political or religious censuses
g. send or receive information and/or content: that is technically harmful (including, but not limited to, computer viruses, logic bombs, Trojan horses, worms, malicious components, corrupted data or other malicious software); that is likely to cause undue annoyance, accident or disturbance; that is likely to intercept or attempt to intercept communications transmitted via telecommunications systems; that is likely to be used for any fraudulent purpose.
6.3 Each User undertakes, should he/she encounter and/or become aware of any of the above circumstances, to notify F. lli Campagnolo by sending an e-mail to the following address: customercare@movingcmp.com.
7. Linking and Framing
7.1 It is in no way permitted to create links to the Home Page or, even less, to internal and/or accessory pages of the Site (so-called ‘deep links’) or to hook or present the contents of the Site within another web site (so-called ‘framing’), without the prior written authorisation of F.lli Campagnolo.
7.2 In order to obtain such written authorisation, it is necessary for the persons concerned to send a specific request to F.lli Campagnolo by sending an e-mail to the following e-mail address: customercare@movingcmp.com. Such request must indicate:
-the data of the person responsible for the technical aspects of link management (including e-mail address and telephone number);
-the applicant's data;
-the web address of the site where the link to the Home Page will be created;
-any further information deemed useful for the purpose of obtaining authorisation from F.lli Campagnolo.
7.3 Where authorised by F.lli Campagnolo, the creation of a link to the Home Page grants the requesting party a non-exclusive and non-transferable licence to use the name ‘F.lli Campagnolo’ solely and exclusively for the purpose of creating a hypertext link from the site owned by said party to the Site, expressly excluding any other use. In any case, F.lli Campagnolo recognises exclusively the possibility of creating a link to the Home Page and not to the internal pages of the Site.
7.4 The breach of the provisions of this paragraph constitutes conduct liable to prosecution also under the profile of unfair competition, governed by the applicable laws in force.
8. Material sent to F.lli Campagnolo
8.1 The sending to F.lli Campagnolo - by mail, by e-mail or through the links present in the Site - of any kind of material implies the implicit authorisation for the same to be freely reproduced, used, disclosed, displayed, transformed, used by F.lli Campagnolo for any purpose whatsoever. Likewise, without prejudice to the respect of the moral copyright, all works protected or protectable by copyright, including texts, ideas, drawings, concepts, know-how and/or technical knowledge contained in the material in question, may be freely used and economically exploited by F.lli Campagnolo for any purpose whatsoever including, by way of example only, the development, production and marketing of products using such material or connected or related to it.
8.2 By sending the material to F.lli Campagnolo each User declares and warrants that he/she is the exclusive owner thereof, or, in any case, that he/she has obtained the right to freely use the same, with the consequent total exclusion of the risk that its use may result in the infringement of rights of any kind and nature by third parties. Considering the ‘open’ nature of the Internet, F.lli Campagnolo expressly recommends not to transmit through telematic communication channels any material which the User does not consider freely usable by third parties.
9. Access to the Site from abroad
Whoever accesses the Site from a country other than Italy is required to act in full compliance with the Terms of Use and the laws in force in Italy and expressly guarantees that he/she shall not use the Site and the material contained therein in such a way as to violate the aforementioned laws.
10. Our commercial policy
10.1 F.lli Campagnolo has adopted its own commercial policy allowing the direct sale of certain types of products made directly by F.lli Campagnolo to end users through the portal www.movingcmp.com.
10.2 In implementation of such commercial policy, F.lli Campagnolo reserves access exclusively to consumers, i.e. natural persons acting on the Site for purposes unrelated to their entrepreneurial, commercial, handicraft or professional activity.
10.3 Each User, therefore, if he/she intends to access the services of the Site that require registration and log in, is required to:
- provide truthful information and promptly inform F.lli Campagnolo in the event of any changes to the information you have provided at the time of registration;
- inform F.lli Campagnolo if you have reason to believe that your account has been hacked. Liability arising out of the use of the account remains with the User in the event that the use (fraudulent or otherwise) by third parties is due to the User's negligence, recklessness or otherwise attributable to the User, including for the User's failure to take adequate password protection measures. Without prejudice to any and all rights to act in all appropriate venues, F.lli Campagnolo may immediately block, suspend, revoke the access and/or delete the User's account and any and all activities carried out by the same on the Site;
- not to proceed with the registration and not to subscribe to or use any Service if a User is not of age, since the Services are not intended for minors. F.lli Campagnolo shall cancel any registration and shall cease to provide any Service if it becomes aware that the User is not of age or that the User has voluntarily made false statements as to his/her age during the registration process.
- please read carefully the applicable contractual terms and conditions, to which you will be automatically directed once you have logged in.
10.4 F.lli Campagnolo reserves the right to disregard any requests or purchase orders that may be forwarded and to terminate any contracts concluded using an access to the Site that does not comply with the contractual terms and conditions.
10.5 The User has the right to withdraw freely and at any time from registration on the Site, without having to give reasons; to exercise this right, the User must send an e-mail to customercare@movingcmp.com.
10.6 F.lli Campagnolo shall confirm to the User the withdrawal from registration or subscription.
11. Modifications or additions to the Site
F.lli Campagnolo may at any time, in total autonomy and at its own discretion, replace, add, modify and/or integrate the Site and/or the material contained therein as well as the technology used therein. In this regard, F.lli Campagnolo informs you that such activities may result in the temporary or permanent impossibility to access the Site and/or its contents.
12. Invalidity of clauses
The Terms of Use replace any other document governing the navigation on the pages of the Site. The possible invalidity or ineffectiveness of a single contractual agreement does not affect, nor shall it affect, the other provisions contained in the Terms of Use.
13. Communications
F.lli Campagnolo is very attentive to Users' needs. For suggestions, requests for clarifications or information or reports of possible malfunctions, please send an e-mail to the following address customercare@movingcmp.com.
14. Language of the Terms of Use
The Terms of Use are drawn up in Italian with a courtesy translation in several languages. In the event of any inconsistencies, the Italian version shall prevail.
15. Applicable Law - Jurisdiction
15.1 The Terms of Use shall be governed exclusively by Italian law.
15.2 Any dispute that may arise between the parties in relation to the Terms of Use, including those relating to their validity, effectiveness, interpretation and execution shall fall under the exclusive jurisdiction of the Court of Vicenza.