GENERAL TERMS AND CONDITIONS OF WEBSITE’S USE



Welcome to the website www.comolifermo.com ("Website").

1. WEBSITE MANAGER

The Website is managed by Comoli Fermo Srl - a socio unico (VAT no. 00198290033), with registered office in via Oleggio Castello n. 11, 28040 Paruzzaro (NO) - Italy (“Company”).

2. ACCEPTANCE AND AMENDMENTS

By accessing and browsing the Website, the User declares that he/she has read and accepts these General Terms and Conditions, rules and policies that are expressly incorporated into these Terms and Conditions of Website’s Use (“Terms and Conditions”), as the Company's privacy and cookie policy (referred to in the link:Privacy and Cookie), which are to be considered an integral and substantial part of these Terms and Conditions.

Should the User not accept, in whole or in part, these Terms and Conditions, the User is obliged to leave the Website. By surfing the Platform, the User accepts and agrees to be bound and abide by these General Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not surf this Website.

The Company reserves the right to update and modify the content of these Term and Conditions, at any time in the presence of a justified reason such as, by way of example, the need to regulate a new service offered on the Website, or in the light of new applicable legal, regulatory or contractual requirements. The Company agrees to inform Users of all changes and/or updates made through appropriate notice posted on the Website. Such amendments and/or updates will then be effective and binding on Users from the date of publication on the Website.

3. WEBSITE USE AND INTELLECTUAL PROPERTY RIGHTS

The Website doesn’t include log-in sections and boxes in order to directly contact the Company.

The User acknowledges and agrees that all intellectual property rights in the Website - in whole and in any part thereof and including, without limitation, the materials, texts, graphics, photographs static and moving images, audios, videos, illustrations present or visible on the Website as well as trademarks and, in general, distinctive signs and logos, of whatever type and nature, visible on the Website (jointly, "Content") - are the exclusive property of the Company and/or of third party licensor of the Company. Reproduction, in whole or in part, temporary or permanent, in any form and by any means, of the Content without the prior express written consent of the Company is therefore prohibited.

The User undertakes to use the Platform and the Content in full compliance with these Terms and Conditions, any applicable legal or regulatory provisions and the intellectual property rights of the Company and/or its third-party licensor. To this aim, the User agrees, without limitation:

(i) not to circumvent the technical limitations and technological protection measures present in the Website;

(ii) not to reverse engineer, decompile or disassemble the Website and/or the related Content;

(iii) not to use the Website contrary to the instructions from time to time in force or for purposes unrelated to these Terms and Conditions;

(iv) not to copy, store, modify, adapt, distribute, transmit, reproduce, publish, share, license, derive other applications and/or content, transfer in any way portions or elements of the Website;

(v) not to develop, support, use or cause to be used devices or any other means or process suitable for scraping the Website, or otherwise, to massively or punctually copy data and/or Content therefrom;

(vi) not to remove copyright indications, trademarks and/or any other notices on the Website and/or its Content. Reproduction, in whole or in part, of the Website and its Content on any other external website, or the creation of links, hyperlinks, or deep linking between the Website and any other website is prohibited without the prior written consent of the Company.

The download or printout of single pages and/or parts of the Website is permitted provided that neither the copyright statements nor any other legally protected designations are removed or altered by the User. When User downloads software or other data from the Website or copies it in any other way, all proprietary and IP rights remain with the Company. The complete and/or partial reproduction, transmission, modification, linking or utilization of the Website for publishing or commercial goals is prohibited without the Company prior written approval. The User agrees not to dispute, directly or through third parties, in whole, in part or anywhere in the world, the validity of the Company's intellectual property rights.

4. WEBSITE AVAILABILITY

The Company has the right, at any time, to

(i) make the Website accessible and the Contents therein available, in whole and in part, at such times and in such manner as it determines in its sole discretion;

(ii) delete, remove or modify the Contents;

(iii) modify the Website and, in general, everything contained and/or made available therein, including the graphical interfaces and functionalities, in its sole discretion and without any obligation of any kind to Users; and

(iv) suspend the availability of the Website, in whole or in part and for as long as necessary, including in the event of routine or extraordinary maintenance.

The User expressly agrees that the Company makes no warranty, express or implied, regarding the continuity or proper functioning of the Website and/or its pages. The Company, therefore, may in no case be held liable for total or partial unavailability of the Website, where such unavailability derives from, by way of example but not limited to, a fact attributable to the providers for network access services, as well as where the Website requires maintenance and/or updating activities that cannot be carried out without interruption and/or suspension of the availability of the same.

5. LINKS AND THIRD-PARTY SERVICES

The User understands and acknowledges that the Website may include content and/or links to third party websites, that are not owned, controlled or operated by the Company and in relation to which the Company assumes no responsibility ("Links"). The Links are used by the User under his/her sole responsibility. The Company shall not be liable for the content and activities of the Links. The User is aware and accepts that he/she must take the utmost care in the fruition and use of the Links, undertaking to carefully read the respective conditions of use and the relevant privacy regulations, as well as any documentation having legal relevance published on the respective websites.

6. LIMITATIONS OF LIABILITY

No Warranty - the Company uses reasonable efforts in order to ensure the reliability of the information presented on the Website, but makes no warranties or representations whatsoever with respect to the accuracy or reliability of the information provided on the Website. Any information published and any opinion expressed on the Website are provided by the Company for personal use and for informational purposes only; they may be changed by the Company at any time without prior notice.

No Offer - the information published on the Website does not constitute a solicitation to submit an offer, nor does it constitute an offer or a recommendation to buy or sell Company’s products or to conduct any other transactions. The Website is not intended for persons who are subject to a place of jurisdiction that forbids the publication of or access to the Website.

Limitation of Liability - the Company disclaims, without limitation, all liability for any loss or damage or costs of any kind, including any direct, indirect or consequential damages, which might be incurred through the use of or access to the Website, or any links to third-party websites.

This is also valid for losses and damages caused by viruses.

7. PERSONAL DATA

In order to get specific information about the processing of personal data collected through the Website, User shall read Company’s privacy and cookie policy (at the link: Privacy and Cookie)

8. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and Conditions are governed by, shall be construed and interpreted in accordance with Italian law, without regard to its conflicts of law principles.

Any dispute, controversy or claim arising out of, or in relation to, these Terms and Conditions, including the validity, invalidity, breach, or termination thereof, and inherent to the use of the Website shall be deferred to the exclusive jurisdiction of the Italian Court of Novara.

9. FINAL PROVISIONS

These Terms and Conditions contain the complete regulation of the relationship between Company and User with reference to what is the subject of it and supersede all previous understandings and agreements between the parties.

Any tolerance by the Company of conduct engaged in by the User in violation of the provisions contained in these Terms and Conditions shall not constitute a waiver of the rights arising from the violated provisions nor of the right to demand the exact fulfillment of all terms and conditions provided herein.

In the event that any provision of these Terms and Conditions is or becomes illegal, void or unenforceable, and/or if one or more of the provisions cannot, for any reason other than the default of the obligated party, be fulfilled in strict compliance with the provisions herein agreed upon, the remaining provisions shall retain full force and effect.

10. CONTACTS AND SUPPORT

Any questions or comments regarding the Platform and/or these Terms and Conditions and, in general, any communication to the Company should be sent to at the email address: comoli@comolifermo.com.


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Comoli Fermo Srl - a socio unico

via Oleggio Castello, 11

28040 Paruzzaro (NO) - Italy

Tel. (+) 39 0322 230 003 - Fax (+) 39 0322 531 24

P.IVA/VAT Nr. 00198290033 - CCIAA NO 854456 - Comm. Estero NO 002037

Reg.Trib. Verbania N.1838 - Cap.Soc. Eur 1.500.000 i.v.