CONDITIONS OF REGISTRATION TO THE SINESIA RESERVED AREA
in force from 06/10/2021
These Terms and Conditions of Registration (hereinafter “Terms and Conditions”) govern the adhesion and activation of the “Reserved Area” (hereinafter “Reserved Area”) function of Pettenon Cosmetics S.p.A. S.B. (hereinafter also “Pettenon”) by the user of the website with the domain name https://www.sinesia.com , (hereinafter respectively “User” and “Website”).
- The User can activate the Reserved Area function by registering for it and accepting the Terms and Conditions.
- The Reserved Area function allows the User to benefit from a number of advantages such as:
- access the areas of the Pettenon websites with a username and password.
- access to their own reserved area where it will be possible to view multimedia materials relating to the brand and products covered by the “SINESIA” trademark.
- FUNCTIONING AND CONDITIONS OF USE OF THE RESERVED AREA
- Access to the functions and services of Reserved Area is limited to the User expressly and previously authorised by Pettenon, it being understood that Pettenon shall be entitled to deny access already granted and/or cancel the User’s account at any time and at its sole discretion.
- In order to proceed with registration, the User must provide their personal data and must also provide a password, which they undertake to keep confidential.
- With the above-mentioned registration/first access, the User assumes all liability towards Pettenon arising from improper use of the password itself, as well as by third parties which have come to know, in any way, the password referring to the User. All accounts must be registered with a valid e-mail address that can be referred to the User using it.
- In the Reserved Area there are some materials (by way of example only: catalogues, images, logos, photographs) that can be downloaded by the User (hereinafter “Downloadable Materials” or, individually, “Downloadable Material”) and others that can only be consulted. Pettenon grants the User, free of charge and for the duration established by Pettenon in relation to the individual Downloadable Material, the non-exclusive and non-transferable right to use the Downloadable Materials.
- It is understood that (i) all Downloadable Materials are the property of Pettenon or of the third parties that have granted Pettenon a license to use and license the use of said Downloadable Materials, (ii) the use, reproduction and distribution of individual Downloadable Materials must comply with these Terms and Conditions and any other restrictions or limitations established by Pettenon and accepted by the User through the download of the relevant Downloadable Material, and (iii) any modification of the Downloadable Materials by the User is expressly prohibited, without the prior written consent of Pettenon. The User agrees to indemnify and hold harmless Pettenon from any possible legal action, claim, complaint by third parties related to damages and expenses, including legal ones, arising from or connected to any irregular and/or illicit use of the Downloadable Materials by the User.
- Registration to the Reserved Area is free of charge and only available to persons aged 18 years or over. The User represents and warrants that they are of legal age and possesses the legal capacity required by law to accept these Terms and Conditions and undertakes to comply with their provisions. Pettenon reserves the right to verify by reliable, legal and permissible means, whether a User is in fact a person over the age of 18, inhibiting, if necessary, access to the Reserved Area and/or cancelling the User’s account.
- A User which is not an Italian citizen may register to the Reserved Area if they are of legal age under national law.
- The User is entitled at any time to cancel its registration to the Reserved Area. From the moment of cancellation, the User will no longer be able to access the Reserved Area and will no longer be able to benefit from the advantages indicated in point 1.2 of the Terms and Conditions.
- To delete data, the User must send a written request to the following e-mail address:firstname.lastname@example.org or click on the “delete me” button in the Reserved Area (if any).
- The User is the one and only person responsible for the non-compliant use of the Reserved Area with respect to the provisions of the Terms and Conditions and the laws in force; this is without prejudice to the liability of Pettenon for wilful misconduct or gross negligence.
- The User represents that it has no claim whatsoever for any temporary impossibility to access the Reserved Area due to maintenance and/or updating interventions, or operating or protection errors, including those due to possible damaging computer attacks, including but not limited to, error, omission, interruption of service, delayed operation or transmission, defect, malfunction of the line or system (hardware or software), problems related to providers or telephone and/or telematic connections, viruses or malware and in general damages due to the failure and/or defective operation of the User’s electronic equipment.
- CHANGES TO THESE TERMS AND CONDITIONS AND/OR TO THE RESERVED AREA
- Pettenon reserves the right to revise these Terms and Conditions, updating and/or modifying them at its sole discretion, at any time and without prior notice, and therefore invites the User to periodically consult and carefully read the aforementioned Terms and Conditions before continuing to access or use the Reserved Area.
- Any updates and/or changes to the content of the Reserved Area and/or the Terms and Conditions shall be notified to Users when they first access the Reserved Area and shall be binding from the moment they are posted on the Reserved Area.
- In the event that any of the provisions of these Terms and Conditions should be annulled or declared void or otherwise unenforceable, the remaining provisions shall remain in full force and effect.
- APPLICABLE LAW AND JURISDICTION, OUT-OF-COURT SETTLEMENT OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION (ADR)
- The Terms and Conditions are governed by Italian law.
- All disputes relating to the application, performance and interpretation of these Terms and Conditions shall be subject, for the consumer, to the jurisdiction of the court of the place where the User resides or has an elected domicile. This is without prejudice to the application to consumer users which do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
- In the event of disputes with consumer users for which a negotiated solution cannot be found, Pettenon shall provide information on Alternative Dispute Resolution bodies for out-of-court settlement (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code).
- Please also note that the European Commission provides a platform for the online resolution of Consumers disputes (the so-called ODR platform), which can be consulted at http://ec.europa.eu/consumers/odr/.
- The user-consumer residing in a member state of the European Union other than Italy may, in addition, have access to the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 for all disputes relating to the application, performance and interpretation of these General Terms and Conditions and Conditions of Use, provided that the value of the dispute does not exceed EUR 2,000.00, excluding interest, fees and expenses. The text of the regulations can be found at www.eur-lex.europa.eu.
Pursuant to and for the purposes of Article 1341 of the Italian Civil Code, the User represents that it has carefully read the following Articles, the content of which it specifically approves: Art. 2 (FUNCTIONING AND CONDITIONS OF USE OF THE RESERVED AREA); Art. 3 (LIABILITY); Art. 5 (CHANGES TO THESE TERMS AND CONDITIONS AND/OR TO THE RESERVED AREA SERVICE); Art. 6 (APPLICABLE LAW AND JURISDICTION, OUT-OF-COURT SETTLEMENT OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION (ADR)).