Account policy

TERMS AND CONDITIONS OF REGISTRATION TO THE SINESIA “MY ACCOUNT” RESERVED AREA

effective from 28/04/2022

 

Whereas:

These Terms and Conditions of Registration (hereinafter “Terms and Conditions”) govern the registration and activation of the “My account” (hereinafter “My Account”) function of Pettenon Cosmetics S.p.A. S.B. (hereinafter also “Pettenon”) by the user of the website with the domain name www.sinesia.com (hereinafter “User” and “Website”, respectively ).

  1. SUBJECT MATTER

    • The User can activate the My Account function by registering for it and accepting the Terms and Conditions.
    • The My Account function lets the User benefit from a number of advantages such as:
      • accessing the reserved areas and exclusive content/features of the website www.sinesia.com using its own User ID and password;
      • purchasing the products marketed by the third party (hereinafter referred to as the “Provider”) selling the products on the website, without having to re-enter its details in the purchase form each time the User makes a purchase. The data required for the purchase will in fact be made available automatically to the Provider at the time of purchase (and stored by the Provider as an independent Data Controller in accordance with its privacy policy available at link);
      • accessing to its own reserved My Account area (hereinafter also simply “Reserved Area”), in which the User will be able to view and manage all purchases made on the website, access its purchase and return history, manage its purchase and registration data, and view other information relating to its interactions with the Pettenon world. If data are updated in the Reserved Area, they will also be automatically communicated to Providers for future purchases.

  1. FUNCTIONING AND TERMS OF USE OF MY ACCOUNT

    • Access to My Account functions and services shall be 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 delete the User’s account at any time and at its sole discretion. To create a My Account for professional users who wish to access the content reserved exclusively for Sinesia salons, you need to create a specific My Account (Professional) subject to prior approval by Pettenon and which will be subject to the same rules contained in these regulations, allowing access to all the sections and areas of the website including those reserved for Sinesia salons. In this case, if the user is already registered to a non-professional My Account, it must use a different e-mail address to register for My Account – Professional.
    • To complete registration, the User must provide its personal data (or that of the company the User represents if acting on its behalf) and must also provide a password, which it undertakes to keep confidential and change regularly, at its own responsibility.
    • 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 attributable to the User. All accounts must be registered with a valid e-mail address that is attributable to the User using it.
    • The User represents and warrants that the data provided at the time of registration are correct and true and constitute proof of its identity (or that of the company it represents, if acting on behalf of the same). The User undertakes to notify any changes or updates to these data in a timely manner. The User expressly agrees that the data provided at the time of registration shall be processed in accordance with the Privacy Policy available at this link.
    • If the User has a My Account
    • In the Reserved Area for Professional Users there are some materials (including but not limited to: 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 the non-exclusive and non-transferable right to use the Downloadable Materials, free of charge and for the duration established by Pettenon in relation to each individual Downloadable Material.
    • 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 downloading 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 Pettenon harmless from any possible legal action, claim, complaint by third parties related to damages and expenses, including legal ones, arising from or connected to any improper and/or unlawful use of the Downloadable Materials by the User.
    • Registration to My Account is free of charge and only available to persons aged 18 years or over. The User represents and warrants that it is of legal age, that it is a Consumer (as defined in the General Terms and Conditions of Sale available at this link) or a Professional and that it has 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 Mr Account and/or cancelling the User’s account.
    • A User that is not an Italian citizen may register to My Account if they are of legal age under national law.
    • The User shall be entitled at any time to cancel their registration to My Account. From the moment of cancellation, the User will no longer have access to the My Account area and will no longer be able to benefit from the advantages referred to in point 1.2 of the Terms and Conditions.
    • In the event of a request for the erasure of data, the data shall be deleted from the My Account area, without prejudice to retention in the Provider and Pettenon’s archives if this is necessary for the fulfilment of legal obligations and to assert or defend a right of the Provider and/or Pettenon.
    • To have its data erased, the User shall send a written request to the following e-mail address: info@pettenon.it o or click on the “delete me” button in the My Account area (if any).

 

  1. LIABILITY

    • The User is the one and only person that may be held liable for the non-compliant use of My Account 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.
    • Pettenon has adopted adequate technical and organisational measures to safeguard the security of the services provided, also in order to avoid risks to the personal data processed (on this last point, please refer to the Privacy Policy available at this link.
    • In addition, measures are in place to ensure that the content of the Website is accurate and does not contain incorrect or outdated information. However, Pettenon shall not be liable towards the User for the accuracy and completeness of the content published, and reserves the right to update and/or modify the content of My Account at any time without incurring any liability.
    • The User represents that they have no claim whatsoever for any temporary impossibility to access My Account 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, service interruptions, 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.
    • Pettenon may not be held liable for any matter relating to purchases made on the website or for the publication of prices, product descriptions, discounts, promotions, since purchasing matters are managed separately by the Provider.

 

  1. PRIVACY

    • Within the scope of these Terms and Conditions, the personal data of the Users shall be processed by Pettenon and by the Providers, in compliance with the provisions of Legislative Decree No. 196/2003 as subsequently amended and supplemented, and EU Regulation 2016/679, as indicated in the Privacy Policy available at the link.

 

  1. CHANGES TO THESE TERMS AND CONDITIONS AND/OR TO THE MY ACCOUNT SERVICE

    • Pettenon reserves the right to review 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 My Account.
    • Any updates and/or changes to the content of My Account and/or the Terms and Conditions shall be notified to Users when they first access My Account and shall be binding from the moment they are posted on My Account.
    • 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.

  2. APPLICABLE LAW AND JURISDICTION, OUT-OF-COURT SETTLEMENT OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION (ADR)

    • The Terms and Conditions shall be governed by Italian law.
    • All disputes relating to the application, performance and interpretation of these Terms and Conditions shall be subject, for Users-Consumers, 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 Users-Consumers whose habitual residence is not 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 Users-Consumers for which a negotiated solution may not 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 Italian 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 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 eur-lex.europa.eu.
    • With regard to Professional Users, the court with jurisdiction shall be that of Padua.

    Pursuant to 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 TERMS OF USE OF MY ACCOUNT); Art. 3 (LIABILITY); Art. 5 (CHANGES TO THESE TERMS AND CONDITIONS AND/OR TO THE MY ACCOUNT SERVICE); Art. 6 (APPLICABLE LAW AND JURISDICTION, OUT-OF-COURT SETTLEMENT OF DISPUTES – ALTERNATIVE DISPUTE RESOLUTION (ADR)).

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