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Legal notice

GENERAL CONDITIONS OF USE OF THE SERVICE

1. SUPPLIER AND CONDITIONS OF PROVISION OF THE SERVICE

The service that the website https://www.waxmanbrothers.com ("Waxman Brothers") offers to the user ("the User") is provided by RT&C SRL with registered office in Via Enrico Sartori, 6/A in Parma (PR) ("the Merchant"), according to the following General Conditions of Use of the Service ("GCUS"). The Merchant reserves the right to modify the TOS at any time and without notice. The User can check at any time the current text of the TOS, as updated from time to time by the Merchant, on the Waxman Brothers page residing at the URL https://waxmanbrothers.com/legal-notice

2. SERVICE DESCRIPTION

The Merchant currently provides Users with access to a series of online services including, for example, shopping or community participation services (the "Service"). Unless expressly provided otherwise, the introduction of any modification to the Service that makes it usable differently than in its current form, as well as the launch of new services, will be subject to, and therefore will be governed by, the TOS. The User acknowledges and agrees that the Service is provided "AS IS" and "AS AVAILABLE" and that therefore the Merchant assumes no responsibility for its use and availability. In order to use the Service, you must obtain access to the World Wide Web (the "WWW"), either directly or through other means that allow access to content located on the WWW, and pay all fees associated with such access. Furthermore, Users must equip themselves with the necessary equipment to connect to the WWW, including a computer, a modem and all that is necessary to connect.

3. OBLIGATIONS RELATING TO REGISTRATION AND CHILD PROTECTION

In order to use the Service, the User agrees to:

  • provide the personal information ("Registration Data") requested during the registration process ensuring that these are up to date, complete and truthful;
  • promptly and constantly update the Registration Data so that they are always current, complete and truthful. If the User provides information that is false, inaccurate, not current or incomplete, or if the Operator believes, based on its own discretionary evaluation, that the information provided by the User is false, inaccurate, not current or incomplete, the Operator will still have the right to disable, temporarily or permanently, the account of the User in question and to prevent him from any subsequent use of the Service.

The Merchant is concerned with the safety and privacy of its Users and, in particular, of minors. The Service is designed to arouse the interest of adult users, since the products and services marketed or advertised through the Service are aimed at them. However, it is the adult User's responsibility to establish, as parental authority over the minor child, if and when a Service, as well as its Contents (as defined in the following article 6), are to be considered appropriate for a minor. The Merchant cannot therefore in any way be held responsible for any access to the Service and related Contents by a minor

4. ACCOUNTS AND PASSWORDS

At the end of the registration procedure for the Service, the User obtains the assignment of a confidential account ("Username") and password for which the User is solely and exclusively responsible, also with regard to the activities carried out through their use

The User therefore undertakes to:

  • immediately notify the Merchant of any unauthorized use of your password or account as well as any other violation of the security rules of which you become aware; And
  • log out of your account at the end of each session. The Merchant cannot in any way be held responsible for any damages deriving from failure to comply with this article.

The user is aware that, in order to regulate access to the Service, his authentication is left exclusively to the verification of the Username and password used by the same. The user is therefore responsible for the custody and correct use of his Username and password to access the Service, as well as for any harmful consequence or injury that may arise, against the Operator or third parties, as a result of incorrect use, of the loss, theft and/or compromise of the confidentiality of the Username and password used by the User.

All operations carried out through the Username and password used by the User involve the automatic attribution to the same of the operations carried out and the requests made, without exceptions of any kind.

The User acknowledges and acknowledges that the Operator will always be able to produce, as proof of the operations carried out by the User and - more generally - of the relations with the User himself, also means of proof obtainable from the IT systems and procedures used by the 'Merchant to regulate access to the Service

5. RULES OF USER CONDUCT

You acknowledge that all information, data, software, music, sound, photographs, images, video, messages or any other material ("Content"), whether publicly accessible or privately transmitted, is subject to sole and exclusive responsibility of the persons from whom such Contents originate. This means that the User, and not the Merchant, is solely and exclusively responsible for any Content uploaded, posted, sent by e-mail, or otherwise transmitted or disseminated through the Service. The Operator cannot in any way control the Contents transmitted or disseminated through the Service and consequently does not guarantee the lawfulness, truthfulness, correctness and quality of such Contents.

The User acknowledges and accepts that while using the Service, and despite the precise rules imposed by the Operator, he may come across Contents that are offensive, indecent or in any case reprehensible. In no event and for no reason can the Merchant be held responsible for such Contents as well as, by way of example, for any errors and/or omissions in the Contents, or for any damages occurring as a result of the use of Contents found, sent via email or otherwise transmitted or disclosed through the Service. The User agrees not to use the Service to:

  • upload, post, email or otherwise transmit or disseminate Content that is unlawful, harmful, threatening, abusive, harassing, defamatory and/or libelous, vulgar, obscene, invasive of another's privacy, racist, intolerant or otherwise objectionable;
  • cause damage, in any way, to minors;
  • misrepresent your identity as, for example, a representative or appointee of the Seller, a director, officer or employee of Waxman Brothers, or otherwise misrepresent your relationship with others;
  • create headers or otherwise manipulate distinctive signs or indications in order to misrepresent the origin of a Content transmitted or disseminated through the Service;
  • upload, post, email or otherwise transmit or disseminate any Content that it does not have the right to transmit or disseminate by virtue of a provision of law, contract or due to a fiduciary relationship (for example confidential information, confidential information learned by virtue of an employment relationship or protected by a confidentiality agreement);
  • carry out framing activities of the contents of the Service;
  • upload, publish, send by e-mail or in any other way transmit or disseminate Content that involves the infringement of patents, trademarks, secrets, copyrights or other industrial and/or intellectual property rights of third parties ("Rights") ;
  • upload, post, email, or otherwise transmit or disseminate advertising, promotional materials, "mass mail," "spam," chain letters, pyramid schemes, or any other form of unsolicited or unsolicited commercial communication authorised;
  • upload, post, email or otherwise transmit or disseminate any material that contains viruses or other code, files or programs designed to interrupt, destroy or limit the functioning of any third party software, hardware or telecommunications equipment;
  • interfere with or disrupt the Service, the servers or networks connected to the Service, act contrary to any requirement, procedure or rule of the networks connected to the Service;
  • violate, intentionally or otherwise, any applicable law or regulation;
  • stalk or otherwise harass third parties;
  • collect or store personal data of other Users, in the absence of their explicit consent.

The User acknowledges that the Merchant does not check the Contents in advance. However, the Merchant and its designees reserve the discretionary right - without assuming any obligation in this regard - to refuse or remove any Content accessible through the Service.

Without prejudice to the provisions above, the Merchant and its designated subjects reserve the right to remove any Content that constitutes a violation of these TOS or that is otherwise reprehensible. You agree to fully and independently evaluate and bear all risks associated with your use of any Content, including any reliance you may place on the truthfulness, completeness, or usefulness of any Content. To this end, the User should avoid relying on Content disseminated through the Service, including, but not limited to, information contained in web pages and e-mail messages sent by Waxman Brothers and in all other parts of the Service.

The User acknowledges and accepts that the Merchant has the right to memorize the Contents and to disclose them to third parties as follows:

  • to companies connected to it, in order to provide the Contents to the User in an efficient way;
  • for the purpose of administering your account in accordance with the standard operating procedures of the Merchant or its related companies;
  • where this is required by law or because the Merchant believes in good faith that this is necessary to: comply with legal procedures; apply the TOS; reply to disputes according to which the Contents violate the rights of third parties; protect the rights, property or security requirements of the Merchant, its Users and third parties.

 

The User acknowledges and agrees that the technical processing, transmission or dissemination of the Service, including its Contents, may involve:

  • the transmission or dissemination of the Contents in or through other networks; And
  • the need to make changes in order to conform and adapt such Content to the technical specifications of the networks or connection equipment.

6. SPECIAL WARNING FOR INTERNATIONAL USE

Considering the global nature of the Internet, the User undertakes to comply with all local rules concerning online conduct and Content. The User undertakes to comply with all applicable laws concerning the transmission of data and Content exported from the country in which he is a resident. When the User is on Waxman Brothers, owned by the Merchant, he is bound by the general conditions of use of the service and by the applicable laws which govern that property of the Merchant.

7. PUBLIC CONTENT ON WAXMAN BROTHERS

Pursuant to the TOS, "areas of the Service accessible to the public" are considered all those areas whose access is permitted, without limitation, to the generality of people. By way of example, an area of the Service accessible to the public is that relating to the technical data sheets and reviews of the products that make up the Waxman Brothers online catalogue.

With respect to Content that you post to publicly accessible areas of the Waxman Brothers or which consist of photographs, images or other graphics files that you elect to post to any other publicly accessible area of the Service, you agree to the Operator a temporally unlimited, universally valid, irrevocable, royalty-free, non-exclusive and freely sublicensable license to use, reproduce, modify, adapt, publish, translate, derive derivative works from, distribute, disseminate and communicate such Content (in whole or in part) in throughout the world and/or to incorporate them into other works in any form, medium or technology now known or to be developed in the future for the purpose of displaying, distributing and promoting the specific section of Waxman Brothers in which such Contents have been incorporated, or the Service itself.

8. INDEMNITY CLAUSE

The User declares and guarantees to indemnify and hold harmless the Merchant as well as the subjects connected to it or controlled by it, its representatives, employees as well as any of its partners from any compensation obligation, including reasonable legal fees, which may derive from the Contents transmitted or sent by the User, from the use of the Service by the User, from a violation by the User of the rules governing its use, or from any violation of the rights of third parties directly or indirectly connected with the use of the Service by the User.

9. PROHIBITION OF ASSIGNMENT AND COMMERCIAL EXPLOITATION OF THE SERVICE

The User undertakes not to reproduce, duplicate, copy, sell, subject to framing, resell and in any case not to exploit the Service or any part thereof for commercial purposes, as well as the use or access to the Service.

10. GENERAL RULES RELATING TO USE

The User acknowledges that the Merchant may establish general rules and limits regarding the use of the Service, including but not limited to the maximum number of days in which the messages of the discussion boards and other Content uploaded will be kept on the Service, the maximum number of messages that can be sent or received by an account of the Service and their maximum size, the maximum disk space that can be attributed to the User on the servers of Waxman Brothers, as well as the maximum number of accesses to the Service (and the maximum duration of each of them) that the User can carry out in a given period of time.

The User acknowledges and agrees that the Operator cannot in any way be held responsible for the cancellation or incorrect storage of any message, communication or other Content maintained or transmitted through the Service.

The User also acknowledges that the Merchant will have the right to deactivate accounts that remain inactive for a long period of time, it being understood that this term cannot in any case be less than 4 months.

11. CHANGES TO THE SERVICE

The Operator reserves the right to modify or disable the Service (or any part thereof) temporarily or permanently, with or without notice to the User. The User agrees and agrees that the Operator cannot in any way be held responsible towards the User or towards third parties for the modification, suspension or deactivation of the Service.

12. SUSPENSION OR INTERRUPTION OF SERVICE

The User acknowledges and agrees that the Merchant may, in its sole and exclusive discretion, deactivate the Username, password and account of the User or interrupt the use of the Service, as well as remove or refuse the diffusion of a Content to the within the Service.

By way of example, the Operator may exercise these rights in the event that the User fails to use the Service or the Operator believes that the User has violated or acted in a manner incompatible or contrary to the spirit or letter of the TOS.

The Operator also reserves the right, at its sole and exclusive discretion and at any time, to interrupt or suspend the provision of the Service, even without notice.

The User acknowledges and agrees that any suspension or interruption of his access to the Service pursuant to the provisions of these TOS may also take place without notice and acknowledges and agrees that the Merchant may immediately deactivate or cancel the User's account and all related information and files in your account and/or deny any further access to such files or the Service

Furthermore, the User acknowledges and agrees that the Merchant shall in no way be liable to the User or to any other person for the interruption of their access to the Service.

13. RELATIONS WITH ADVERTISERS

Your dealings with or participation in promotions from advertisers sourced on or through the Service, including delivery or payment for goods or services or any other terms, conditions, warranties or representations connected with such dealings or promotions, are solely between the User and the advertiser.

The User therefore acknowledges and agrees that:

  • the Merchant cannot in any way be held responsible for any damages that may occur to the User due to such business or due to the availability of such advertisements within the Service;
  • any specification or availability of the products marketed by advertisers other than the Merchant and advertised through the Service is subject to the commercial conditions and confirmation by the advertisers themselves.

14. LINKS

The Service or Users may provide links to other sites or other WWW resources. User acknowledges and agrees that Merchant shall not in any way be held responsible for the operation of such sites or any resources external to Waxman Brothers.

The Operator cannot control, and is therefore in no way responsible, for the content and advertisements published on such sites or on external resources, or for the products or services offered or negotiated therein.

The User acknowledges and agrees that the Operator is in no way responsible, directly or indirectly, for any damages suffered by the User in relation to the content of sites other than Waxman Brothers or in relation to purchases of goods or services made through such sites.

15. SERVICE PROVIDER'S PROPERTY RIGHTS

The User acknowledges that the Service and all necessary software used in connection with the Service ("Software") are protected by laws on intellectual and/or industrial property. The User also agrees and agrees that the Contents shown in the advertisements or the information presented to the User by the service or by the advertisers are protected by the laws on copyright, trademarks, patents or other intellectual property rights and/or industrial. Except in the case in which it is expressly authorized by the Operator or advertisers, the User undertakes not to modify or dispose in any way (whether free of charge or for consideration) and not to distribute, disseminate or create works based, in whole or in part, on the Service or on the Software.

For the sole purpose of using the Service, the Merchant grants the User a personal, non-transferable and non-exclusive license to use the Software on a single computer, it being understood in any case that the User may not (nor allow third parties do so) copy, modify, create derivative works from or in any way attempt to discover any source code, sell, assign, sublicense, assign or transfer any rights in the Software to any third party.

The User undertakes not to access the Service through an interface other than that of Waxman Brothers.

16. NO WARRANTIES ABOUT THE SERVICE FROM THE SUPPLIER

The User expressly acknowledges and declares that:

  • Use of the Service is at its sole and exclusive discretion. The Service is gradually provided "AS IS" and "AS AVAILABLE", and therefore the Operator assumes no responsibility regarding its use and availability, punctuality, cancellation, non-delivery or storage of any communication or personalization of the User. Any guarantee by the Merchant, explicit and/or implicit, including, but not limited to, any guarantee of merchantability, fitness for particular purposes or in terms of quality of service, is expressly excluded.
  • The Merchant does not warrant (i) that the Service will meet the User's needs, (ii) that the Service will be provided uninterrupted, timely, securely or error-free, (iii) the User's expectation that the results obtained from the use of the Service are true and reliable (iv) that the quality of the products, services, information or other materials acquired or obtained through the Service can satisfy the User's needs, nor that (v) any errors in the Software are corrected.
  • Any Content downloaded or otherwise obtained from or through the Service is obtained at the sole and exclusive discretion and risk of the User and that the User is solely and exclusively responsible for any damage to his computer system or for loss of data resulting from downloading such materials or using the Service.
  • No advice, advice, consultancy or information, whether written or oral, provided to the User by the Merchant or obtained from or through the Service, shall imply any guarantee that is not expressly stated in these TOS.

17. LIMITATIONS OF SERVICE PROVIDER'S LIABILITY

The User acknowledges and agrees that the Operator will in no event be liable for any damages of any kind and nature, including those relating to loss of profits, commercial goodwill or data (even if the Operator has been warned of the possible occurrence of such damages for Users), resulting from: (i) use or incorrect use of the Service; (ii) the cost of procurement of substitute goods and/or services with respect to the goods and/or services purchased or obtained through the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or behavior of any third party. Nothing provided in this contract will have the effect of limiting or excluding the liability of the Merchant in case of damages deriving from willful misconduct or gross negligence.

18. NOTICES

Any communication between the parties must be in writing and can be made either by e-mail or by ordinary mail. The Merchant may make communications regarding changes to these TOS or other matters by posting general notices to Users or links to such notices on the Service.

19. INFORMATION ABOUT THE TRADEMARKS AND THEIR USE

The Waxman Brothers name, brand, logo, images or other media, interface and graphics, service marks, and all other names, trademarks, logos, images and media related to the Service are Trademarks and distinctive signs of the Merchant (the "Trademarks of the Merchant"). The User agrees not to use the Trademarks of the Merchant in any way without the prior written consent of the Merchant. All other trademarks on Waxman Brothers are the property of their legitimate owners.

20. COPYRIGHT AND LICENSORS

The Merchant respects the intellectual and/or industrial property rights of others and requests its Users to do the same. If you believe that your original work has been reproduced or processed by third parties within the Service in a way that constitutes a violation of copyright laws, please provide the Merchant with the following information:

  1. an electronic or physical copy of the signature of the person authorized to act on behalf of the copyright owner concerned;
  2. a description of the copyrighted work that you claim has been infringed, including an indication of the source of the copyright and a description of the right that is alleged to have been infringed;
  3. a statement of the Waxman Brothers URL where the work that you claim has been reproduced or developed in an unauthorized manner is located;
  4. your address, telephone number and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its licensor, or the law;
  6. a declaration with which you declare and guarantee that the information provided with your communication is truthful and that you are the legitimate holder of the right, or that you are legitimately authorized to act on behalf of the holder.

21. APPLICABLE LAW AND JURISDICTION

These General Conditions and the relations between the Operator and the User are governed by the law of the Italian Republic. For any dispute concerning, deriving from or in any case connected to these TOS or to the use of the Service, the Court of Parma will be exclusively competent.

22. MISCELLANEOUS

These General Conditions constitute the sole and exclusive agreement between the User and the Operator regarding the use of the Service, and regulate the use of the Service superseding any previous agreement between the User and the Operator. Furthermore, the User must comply with any General Conditions relating to the use of complementary services or services connected to third-party contents or relating to the rules of use of third-party software. Failure by the Operator to exercise one of its rights provided for by law or by these TOS does not in any case constitute a waiver of said right. Should one or more provisions of these General Conditions be declared invalid by the Competent Judge, the parties agree that the judge must in any case try to maintain the effectiveness of the agreements between the parties, as specified in this agreement and the other General Conditions will remain fully valid and effective in all respects. The titles of the articles of the General Conditions have the sole purpose of making the reading of the same General Conditions more comfortable and have no legal or practical effect.

ACCEPTANCE OF THE GENERAL CONDITIONS OF USE OF THE SERVICE ("GCUS")

The User declares, pursuant to and for the purposes of art. 1341, 2nd paragraph of the Civil Code, that I have carefully read and specifically approved the provisions contained in the previous articles regarding: Art. 1 (Possibility of modifying the General Conditions of the Service); Art. 2 (Possibility of extension or modification of the object of the Service); Article 8 (Indemnification clause); Art. 11 (Possibility of modifications to the Service); Art. 12 (Suspension or interruption of the Service); Art. 16 (Absence of guarantees on the Service by the Operator); Art. 17 (Limitations of the Operator's liability); Art. 21 (Applicable law and competent court).

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