Legal notice

GENERAL CONDITIONS OF USE OF THE SERVICE


1. SUBJECT SUPPLIER AND CONDITIONS FOR THE SUPPLY 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"), based on the following General Conditions of Use of the Service ("CGUS"). The operator reserves the right to modify the TOS at any time and without notice. The User may at any time check the current text of the TOS, as updated from time to time by the Merchant, on the Waxman Brothers page resident at the URL https://waxmanbrothers.com/en/policies/legal-notice

2. DESCRIPTION OF THE SERVICE

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 from 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, it is necessary to obtain access to the World Wide Web (the "WWW"), either directly or through other means that allow access to the contents located on the WWW, and to pay all fees associated with such access. Furthermore, it is necessary for Users to 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 PROTECTION OF MINORS

In order to use the Service, the User undertakes 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 false, inaccurate, not current or incomplete information, or if the Merchant believes, based on its own discretionary assessment, that the information provided by the User is false, inaccurate, not current or incomplete, the Merchant will in any case have the right to deactivate, temporarily or permanently, the User's account in question and to prevent any subsequent use of the Service.
The Merchant cares about the security and privacy of its Users and, in particular, of minors. The Service is designed in such a way as 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 responsibility of the adult User to establish, as exercising 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 can therefore in no way be held responsible for any access to the Service and its Contents by a minor.

4. ACCOUNT AND PASSWORD

At the end of the registration procedure for the Service, the User obtains the assignment of a reserved account ("the Username") and a password for which the User himself 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 their password or account as well as any other breach of the security rules of which they 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 damage resulting from failure to comply with this article.
The user is aware that, in order to regulate access to the Service, his or her authentication is solely for the verification of the Username and password used by the same. The user is therefore responsible for the custody and correct use of his / her username and password to access the Service, as well as for any harmful consequence or prejudice that may arise, against the Merchant 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 the 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 exception of any kind. The User acknowledges and acknowledges that the Esercent 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 systems and IT procedures used by the Operator to regulate access to the Service.

5. USER RULES OF CONDUCT

The User acknowledges that all information, data, software, music, sounds, photographs, images, videos, messages or any other material ("Content"), publicly accessible or privately transmitted, fall within the 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, published, sent by e-mail, or otherwise transmitted or disseminated through the Service. The Merchant 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 find Content that is offensive, indecent or otherwise reprehensible. Under no circumstances and for no reason can the Operator be held responsible for such Contents as well as, by way of example only, 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 e-mails or otherwise transmitted or disseminated through the Service. The User undertakes not to use the Service for:

  • upload, publish, e-mail or otherwise transmit or disseminate Content that is illegal, harmful, threatening, abusive, harassing, defamatory and / or libelous, vulgar, obscene, damaging to the privacy of others, racist, intolerant or otherwise reprehensible;
  • cause damage, in any way whatsoever, to minors;
  • falsify their identity by presenting themselves, for example, as a representative or person in charge of the Merchant, a director, a manager or an employee of Waxman Brothers, or in any other way lie about their relationship with other subjects;
  • create headings or otherwise manipulate distinctive signs or indications in order to counterfeit the origin of a Content transmitted or disseminated through the Service;
  • upload, publish, send by e-mail or in any other way transmit or disseminate a Content that does not have the right to transmit or disseminate pursuant to a provision of law, contract or due to a fiduciary relationship (for example confidential information, confidential information learned under an employment relationship or protected by a confidentiality agreement);
  • carry out framing of the contents of the Service;
  • upload, publish, send by e-mail or otherwise transmit or disseminate a Content that involves the violation of patents, trademarks, secrets, copyrights or other industrial and / or intellectual property rights of third parties ("Rights") ;
  • upload, publish, e-mail or otherwise transmit or disseminate advertising, promotional material, "mass mail", "spam", chain letters, pyramids, or any other form of unsolicited or expressly unsolicited commercial communication authorized;
  • upload, publish, e-mail or otherwise transmit or disseminate any material that contains viruses or other codes, files or programs created to interrupt, destroy or limit the operation of third party software, hardware or telecommunications systems;
  • interfere or interrupt the Service, servers or networks connected with the Service, act in contrast with any requirement, procedure or rule of the networks connected with the Service;
  • intentionally or unintentionally violate 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 the subjects designated by it 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 foregoing, the Merchant and the subjects designated by it reserve the right to remove any Content that constitutes a violation of these TOS or that is otherwise reprehensible. The User undertakes to fully and independently assess and bear all the risks associated with the use of a Content, including any reliance placed by him on the truthfulness, completeness or usefulness of the various Contents. To this end, the User should avoid relying on the Content disseminated through the Service, including, by way of example, the information contained in the 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 store 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 efficiently;
  • for the purpose of administering the User's account in accordance with the standard operating procedures of the Merchant or of the companies connected to it;
  • 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; respond to claims that 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 agrees 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 Contents 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 regulations concerning online conduct and the Contents. The User undertakes to comply with all applicable laws concerning the transmission of data and Contents exported from the country in which he is resident. When the User is on Waxman Brothers, owned by the Merchant, he is bound to respect the general conditions of use of the service and the applicable laws governing 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 to be all those areas whose access is allowed, without any 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 catalog.

With regard to the Content that the User inserts in the publicly accessible areas of Waxman Brothers or which consist of photographs, images or other graphics files that the User decides to insert in any other area of ​​the Service accessible to the public, the User grants to the Operator, a temporally unlimited, universally valid, irrevocable, free, non-exclusive and freely sublicensable license, to use, reproduce, modify, adapt, publish, translate, derive derivative works, distribute, disseminate and communicate such Content (in whole or in part) in worldwide and / or to incorporate them into other works in any form, medium or technology currently 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 Content has 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 and any of its partners from any compensation obligation, including reasonable legal fees, that may derive from the Contents transmitted or sent by the User, by the use of the Service by the User, by a violation by the User of the rules governing its use, or by 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, framing, resell and in any case not to exploit the Service or any part thereof for commercial purposes, as well as use or access 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 areas and the other Content uploaded will be kept in the Service, the maximum number of messages that can be sent or received by a Service account and their maximum size, the maximum disk space that can be attributed to the User on the Waxman Brothers servers, as well as the maximum number of accesses to the Service (and the maximum duration of each of them) that the User can perform in a given period of time.

The User agrees and agrees that the Merchant cannot in any way be held responsible for the cancellation or incorrect storage of any message, communication or other contents 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 Merchant reserves the right at any time to modify or deactivate the Service (or any part thereof), temporarily or permanently, with or without notice to the User. The User agrees and agrees that the Merchant cannot in any way be held responsible towards the User himself 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 dissemination of a Content to the inside the Service.

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

The Merchant 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 occur without notice and acknowledges and agrees that the Merchant may immediately deactivate or cancel the User's account and all the relevant information and files in your account and / or deny any further access to such files or the Service

Furthermore, the User agrees and agrees that the Merchant cannot be held responsible in any way towards the User or any other person for the interruption of their access to the Service.

13. RELATIONS WITH ADVERTISERS

The relationships or participation of the User in promotions of advertisers found on or through the Service, including the delivery or payment for goods or services or any other contractual term, condition, guarantee or resolution connected with such relationships or promotions, take place exclusively between the User and the advertiser.

The User, therefore, acknowledges and agrees that:

  • the Merchant cannot in any way be held responsible for any damage 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 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. CONNECTIONS

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

The Merchant 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 there.

The User agrees and agrees that the Merchant is in no way responsible, directly or indirectly, for any damage 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. OWNERSHIP RIGHTS OF THE SERVICE PROVIDER

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

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

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

16. NO WARRANTY ON THE SERVICE BY THE SUPPLIER

The User acknowledges and expressly declares that:

  • The use of the Service takes place in its sole and exclusive discretion. The Service is gradually provided "AS IS" and "AS AVAILABLE", and therefore the Merchant assumes no responsibility for its use and availability, punctuality, cancellation, non-delivery or storage of any communication or personalization of the User. Any explicit and / or implicit guarantee on the part of the Merchant is expressly excluded, including, by way of example, any guarantee of merchantability, suitability for particular purposes or in terms of service quality.
  • The Merchant does not guarantee (i) that the Service will meet the User's needs, (ii) that the Service will be provided without interruption, on time, in a secure or error-free manner, (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 at the sole risk of the User and that the User is solely and exclusively responsible for any damage to his computer or for the loss of data resulting from downloading such materials or using the Service.
  • d) No notice, advice, advice or information, whether written or oral, provided to the User by the Merchant or obtained from or through the Service, will imply any guarantee that is not expressly established by these TOS.
17. LIMITATIONS OF LIABILITY OF THE SERVICE PROVIDER

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

18. COMMUNICATIONS

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 entering general notices to Users or links to such notices in the Service.

19. INFORMATION ON TRADEMARKS AND THEIR USE

The Waxman Brothers name, trademark, logo, images or other multimedia content, interface and graphics, service marks as well as all other names, trademarks, logos, images and multimedia content referring to the Service, are Trademarks and distinctive signs of the Merchant (the "Trademarks of the Merchant"). The User undertakes 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 their legitimate owners.

20. COPYRIGHT AND LICENSE LAW

The Merchant respects the intellectual and / or industrial property rights of others and requires its Users to do the same. If you believe that one of your intellectual works has been reproduced or processed by third parties within the Service in order to constitute a violation of the copyright rules, please provide the Operator with the following information:

  1. an electronic or physical copy of the signature of the person authorized to act on behalf of the copyright holder concerned;
  2. a description of the copyrighted work that you believe has been infringed, including an indication of the source of the right and a description of the right that you assume has been infringed;
  3. an indication of the Waxman Brothers URL where the work you believe has been reproduced or processed in an unauthorized manner can be found;
  4. your address, telephone number and e-mail address;
  5. a declaration from you affirm in good faith that the use in question is not authorized by the copyright owner, its licensee 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 Merchant and the User are governed by the law of the Italian Republic. The Court of Parma will be exclusively competent for any dispute concerning, deriving from or in any case connected to these GCUS or to the use of the Service.

22. MISCELLANEOUS

These General Conditions constitute the only and exclusive agreement between the User and the Merchant regarding the use of the Service, and regulate the use of the Service overcoming any agreement previously entered into between the User and the Merchant. Furthermore, the User must comply with any General Conditions relating to the use of complementary services or services linked to the contents of third parties or relating to the rules for the use of third party software. Failure by the Merchant to exercise a right provided for by law or by these TOS does not in any case constitute a waiver of the right itself. 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 it easier to read the same General Conditions and have no legal or practical effect.

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

The User declares, pursuant to and by effect of art. 1341, paragraph 2 of the Civil Code, to have carefully read and specifically approved the agreements contained in the previous articles regarding: Art. 1 (Possibility of modification of the General Conditions of the Service); Art. 2 (Possibility of extending or modifying the object of the Service); Art. 8 (Indemnity clause); Art. 11 (Possibility of changes to the Service); Art. 12 (Suspension or interruption of the Service); Art. 16 (Absence of guarantees on the Service by the Merchant); Art. 17 (Limitations of the Merchant's liability); Art. 21 (Applicable law and competent court).