General terms and conditions of use
1. SUBJECT MATTER
This agreement contains the general contractual terms and conditions (hereinafter the "General Terms and Conditions of Use") governing the use of the website www.divoboutique.com, the official online Divo store (hereinafter the "Site") and the services available through it. The Site is managed and maintained by Divo Srl, with its registered office at VIA DI BIENTINA 64, 56020 SANTA MARIA A MONTE, PISA, tax code and VAT number 01901770501, registered with the Pisa Chamber of Commerce at Economic and Administrative Index (REA) no. PI - 164343 of the Companies Register (hereinafter "Divo").
Access to and use of the Site are activities governed by these General Terms and Conditions of Use, of which the user - who represents that he/she is an adult - is aware and accepts by simply browsing the Site. If the user is not an adult and/or is not in agreement, in whole or in part, with the General Terms and Conditions of Use, he/she must cease browsing and use immediately. Similarly, the purchase of the Products, as defined in the General Terms and Conditions of Sale, is governed by and presupposes awareness and acceptance thereof.
Divo may amend or simply update all or part of these General Terms and Conditions of Use. Changes and updates shall be communicated to users on the home page of the Site as soon as they are adopted and shall be binding once posted on the Site in this section.
2. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Divo recommends that access to and use of the Site, including the viewing of Web pages, communications with Divo, downloading of information concerning Products and the purchase thereof on the Site be activities carried out by users solely for personal purposes, unrelated to any trading, entrepreneurial or professional activity. Using any part or section of the Site and the material contained on the Site for direct or indirect trading or advertising activities of any kind is expressly prohibited. Users who engage in fraudulent or illegal acts shall be prosecuted in accordance with the law.
Users shall be solely liable for the use of the Site and its contents. Divo may not be held liable in any way for the use of the Site or its contents in a manner inconsistent with applicable provisions of law by any of its users, without prejudice to Divo's liability for wilful misconduct or gross negligence. In particular, the users shall be solely liable for the submission of inaccurate or incomplete information and data and the improper use thereof. Furthermore, the users shall always be liable for the processing of the personal data of third parties and for obtaining their consent to processing where required by law.
Despite Divo's commitment to take all measures reasonably necessary to ensure that the Site and its contents are free of viruses and defects, Divo cannot guarantee that the computers of users and their hardware and software components will not be damaged, corrupted, lost or suffer other consequences following access to or use of the Site or any of its contents. Divo disclaims all liability for any damages deriving from the inaccessibility of the services present on the Site or from any damages caused by viruses, damaged files, errors, omissions, service outages, deletions of contents, problems relating to the network, providers or telephone and/or telecommunications connections, unauthorised access, alteration of data, and improper and/or defective functioning of users' electronic devices. Users shall be responsible for using anti-virus software to scan in advance any software or other materials that they download from the Site and to verify that such software or materials are compatible with their devices.
Users are responsible for keeping and properly using their personal information, including credentials that allow them to access reserved services and for all adverse or detrimental consequences that should result for Divo or third parties following the improper use, loss or theft of such information.
4. INTELLECTUAL PROPERTY RIGHTS
The user acknowledges that all contents, in any format, published on the Site, including Web pages, graphics, colours, templates, instruments, the fonts and design of the Site, diagrams, layouts, methods, processes, features and software that are part of the Site are protected by copyright and all other intellectual property rights held by Divo or are included with the permission of their owners. Reproduction of part or all of the Site and its contents in any form without the express written consent of Divo or its owners is prohibited. Divo may authorise or forbid the direct or indirect, temporary or permanent reproduction, in any manner of form, of the Site and its contents, in whole or in part.
With regard to the use of the Site, users are authorised solely:
(i) to view the Site and its contents;
(ii) to engage in all other acts of temporary reproduction, devoid of inherent economic significance, regarded as provisional or accessory, as integral and essential to viewing the Site and its contents;
(iii) to carry out all other operations of browsing of the Site that are performed solely for legitimate use of the Site and its contents.
5. LINKS TO OTHER WEBSITES
The Site may contain hypertext connections ("links") to websites managed by third parties. Divo has no control over and cannot be held liable or responsible for the accuracy, security or reliability of any third-party website or the contents, advertising messages, products or other materials present or available on such sites. Furthermore, Divo cannot be held liable for the rules adopted by such sites with regard to the privacy of users and the processing of their personal information during the browsing process. The users shall therefore view the terms and conditions of use and privacy rules adopted by the third parties when they visit the websites of third parties through the links contained in the Site.
The Site provides links to other websites solely to facilitate its users in search and browsing and to facilitate hypertext connections via the Internet to other websites. The presence of links on the Site does not constitute nor entail any recommendation or sponsorship by Divo of such websites.
6. INFORMATION, REPORTS AND COMPLAINTS
Users may contact us as follows for any information, requests, reports or complaints concerning the Site:
TEL. +39 0587 398155
7. APPLICABLE LAW AND COMPETENT FORUM
These General Terms and Conditions of Use are governed by the laws of Italy.
If a competent court decides that any provision of these General Terms and Conditions of Use is partly or wholly invalid or inapplicable, the users agree that the other provisions of these General Terms and Conditions of Use shall remain in effect for all intents and purposes, and that the provision in question shall remain applicable to the extent permitted by law.
The Court of Pisa shall be solely competent for disputes concerning the interpretation and application of these General Terms and Conditions of Use with parties other than "consumers" as defined by Legislative Decree No. 206/2005 (the "Consumer Code").