Terms of Use

TERMS OF USE.

This document regulates the terms of use (the "Terms of Use") of this website (the "Website"). The Terms of Use set out the rules for the fair use of the Website.

By accessing, browsing or using the services offered through the Website the user accepts the Terms of Use, which are, therefore, binding for the user.

Users who do not intend to accept the Terms of Use are asked to discontinue accessing and browsing the Website.

The Website owner is Fabio Toma S.r.l., with registered office in Via della Maglianella, 318 00166 Rome, P.IVA No. 06016171008 (the "Owner").

The Owner reserves the right to modify, in whole or in part, the Terms of Use. The amended Terms of Use shall be effective towards users from the moment of their publication on the Website and shall govern any use of the services offered through the Website after their publication. Accordingly, use of the Website following the publication of the aforementioned amendments represents acceptance of the amendments from the user.

These Terms of Use are subject to copyright. Any copy and reproduction, in whole or in part, is prohibited.

     1.Website content

The Website displays, publishes, promotes, sells and distributes the Owner’s products ("Products").

Within the Website there are multiple features to inform users of the Products and services available on the Website, and to facilitate the completion of Orders, such as, for example, the ability of users to: a) register on the Website, thereby activating a personal account in order to access areas of reserved content; b) subscribe to the mailing list in order to receive newsletters relating to the Website’s Products and campaigns; and c) participate in promotional campaigns.

The information, photographic material, Products and in general the entire contents of the Website or any part of such contents ("Website Content") is the property of the Owner, its licensors or content providers. All of the Website Content is protected by intellectual property rights (including, for example, laws regarding copyright, patents, trademarks).

The copying, downloading, distribution, modification, creation of derivative works or extracts, publication or other use or exploitation of the Website Content without the prior written consent of the Owner, is forbidden.

The reproduction of Website Content for the purpose of sale, distribution for commercial purposes, unauthorized insertion or posting on other sites, or for a professional purpose, is also forbidden.

All the Owner’s trademarks and other distinctive signs of the Products and services used, made available and contained on the Website are the exclusive property of the Owner or of licensors or content providers.
These Terms of Use do not confer either on the users or on the customers that buy Products or services on the Website, or to third parties, any right to use the Owner’s trademarks, distinctive signs, brand or other intellectual property rights. 

 

     2. Third Parties’ sites and Third Parties’s Content

The Website may include, use or make available contents created by third parties, information derived from public sources and/or links to external sites or websites managed by third parties ("Third Party Content"). The Owner exercises no control or monitoring over Third Party Content and does not assume any liability regarding the accuracy, safety or reliability of Third Party Content.
The Owner shall not be liable towards the users in relation to any loss and damages which might be incurred, and which are connected to the use of any Third Party Content.

 

     3.Use of service provided through the Website

 Users can use the Website and the Website Content exclusively for personal purposes, being any commercial purpose expressly excluded and prohibited, and in compliance with the Terms of Use and with all applicable laws.

The use of the Website cannot in any way entail the establishment of any professional relationship with the users, even where the latter are involved in the publication of reviews, contributions, posts of any kind, nor by way of agency relationship or editorial collaboration.

The Owner reserves the right to interrupt or suspend access to or use of the Website, to any user, without prior notice, if the Terms of Use of the Website are breached or if this is necessary for reasons of security.

 

     4. Personal account 

The user may create a personal account ("Account").

The registered user must keep the password and/or any access credential confidential as the user is responsible for all activities carried out with the Account and may be held liable for any damages of any nature resulting from the misuse of passwords and access credentials or for any abuse of the services by the Account holder.  

The user undertakes to inform the Owner immediately if the user believes the Account passwords became known to a third party, or if the password is used in an unauthorized way.

    5.User’s Personal Data

The user undertakes to provide true and accurate personal information ("Personal Data") when registering the Account and to keep the Personal Data up to date.

In addition to registration data, when browsing the Website, the user may be asked to enter additional Personal Data (i.e. first name, last name, date of birth, e-mail address, delivery address for Products and others).

This information also must be true, accurate and up to date to enable the Owner to properly provide the services requested by the customer.

For detailed information on the processing of Personal Data provided by the Owner, please refer to the Privacy Policy and the Cookie Policy, accessible through the links in the Website footer.

     6. Disclaimer 

The Owner does not warrant in any respect that the Website, the Website Contents, the services provided through the Website and the Website features, are always perfectly functioning without interruptions, nor that any defects in the Website is fixed, nor that the use of the Website would trigger a specific result.

The Website and the Website Contents are provided “as is” and as available. No expressed or implied guarantee is made with respect to the accuracy, completeness, marketability or use for a specific purpose of the Website or the Website Contents, nor with respect to the exclusion of any violation of third parties intellectual property rights 

     7.Limitation of liability

The information regarding the Products on the Website is intended for and published for descriptive or promotional purposes only.

The look and colors on the Website depend on the settings of the user’s device and it is impossible to guarantee that the user’s device will correctly display the colors and images published on the Website.

The Website can modify or remove, temporarily or permanently, certain Products and/or services, or modify the retail prices of such Products or services, without providing any prior notice to Users regarding such modifications

To the extent allowed by the applicable law, the Owner will not be liable to users, customers or to third parties for any direct or indirect damage or loss deriving from the use of the Website and/or the Website Content or the inability to use the Website or from reliance on the information, directly or indirectly, contained on the Website

The user also accepts to hold harmless and indemnify the Owner in relation to any legal action, demand, claim by any third parties, including damages and costs, including legal costs, originating from or connected to the irregular and/or illegal use of the Website, by the user or other persons subject to the user’s control or direction.