General Conditions for Use of the Site
1. Scope of application
1.1. These General Conditions for the Use of the Site (hereinafter to be called the "Conditions") are intended to govern the use of the site www.goldengoose.com (hereinafter to be called the "Site") managed by Golden Goose S.p.A., by the user, whether as registered user or simple visitor (hereinafter to be called the "User").
1.2. The purposes of the Site are the provision of information and the conduct of electronic commerce. By accessing the Site and using the services present on it the User accepts these Conditions and undertakes to comply with them. If the User does not wish to accept these Conditions, he or she is asked to avoid using the Site.
2. Ownership of the Site
2.1. The Site is managed by Golden Goose S.p.A. with its Registered Office in Milan at Via San Martino 17.
3. Access to, registration with, and use of the Site
3.1. Users will be able to visit and register with the Site free of charge without prejudice to the fact that they will bear the cost of connection to the Internet used to gain access to the Site according to the charges, terms and conditions applied by their own operator.
3.2. Registration with the Site will lead to the creation of a personal account, including username and password of not less than eight characters, in compliance with the criteria for the creation of the password indicated from time to time on the Site.
3.3. The credentials for accessing the Site will be personal and non-transferrable and may not be shared with third parties.
3.4. Users will be responsible for all activities effected through their individual accounts. To such end, the User undertakes to adopt the appropriate precautions to ensure that his or her password remains secure and secret, undertaking to inform the Company immediately if there are reasons to believe that a third party knows his or her password, when such password has been, or is presumed to be about to be, used in an unauthorised manner or when it has been lost or stolen.
3.5. The User may not use his or her own account or the Site:
3.5.1. in such a way as to cause, or be capable of causing, interruptions in, damage to or the malfunctioning of, the same and the related functionality; and
3.5.2. for fraudulent purposes or in any case, to carry out unlawful actions.
3.6. In any case, the User will be obliged not to interfere with the functioning of the Site and, in particular, undertakes not to evade its security measures, tamper with them and in any case, not to prejudice the operation of the Site or of any computing system, servers, routers or any other IT device.
4. Site Services
4.1. The electronic commerce services offered on the Site are governed by the General Conditions of Sale.
4.2. While setting up an account or by making a request through the Site, Users will be able to benefit from the Newsletter service free of charge to be sent on a periodical basis by e-mail with editorial and commercial content, to the e-mail address indicated by the individual User. Users will be able to deactivate the newsletter service at any time by changing the related settings within their own personal area or by clicking on the link for the cancellation of the service to be found at the foot of each e-mail newsletter. For more detailed information please refer to the Information on the Processing of Personal Data.
4.3. Any prize events organised by the Company on the Site will be governed by the specific regulation published from time to time on the Site.
5. Industrial and Intellectual Property Rights
5.1. The Company (or its successors in title) is the owner and/or legitimate licensee of all industrial and intellectual property rights relating to the Site, all the contents and materials published on it (by way of non-exhaustive example, texts, catalogues, photographs, illustrations, images, technical drawings, video, audio, advertising texts, trademarks, domain names, drawings, designs including where not covered by patents and all other content and materials, hereinafter to be called the "Material").
5.2. The User will be authorised to download, view or print contents from the Site for purposes which are exclusively personal and of a non-commercial nature, in such a way as not to cause any prejudice to industrial and intellectual rights of the Company or possible third parties. In no circumstances may the contents of the Site be used for other purposes including, by way of non-exhaustive example, their distribution, modification, reproduction, transmission or dissemination, without the prior written consent of the Company. If the User uses the Site and/or the Material in breach of these Conditions, he or she may be invited by the Company to cease using the Site and to return or destroy the Material without prejudice to the Company’s right to take any other initiative for the protection of its damaged rights and to obtain compensation for any loss and damage suffered.
6.1. The Company does not guarantee that the Site or its contents will be continuously accessible.
6.2. The Company does not make any guarantee in relation to service failures resulting in delays or interruptions in the functioning of electronic communication services preventing access to, or use of, the Site.
6.3. The Company makes no guarantee with regard to the absence of viruses, malware or other elements making the Site and/or its contents dangerous. The User will be responsible for the implementation of procedures and checks capable of meeting security requirements and ensuring the reliability of incoming and outgoing data such as, for instance, the installation of an anti-virus application.
6.4. Without prejudice to the provisions of the General Conditions of Sale, it is hereby understood that some products may be presented next to images or graphical reproductions whose purpose is solely illustrative in nature.
6.5. All the above must obviously be understood as applicable where permitted within the maximum limits of the law.
7. Limits on Liability
7.1. Users will access and use the Site autonomously and at their sole risk. The Company hereby declines any liability with respect to any damage or prejudice suffered in any way by the User as a consequence of access and use of the Site and/or the download of any Material present on the same on any basis.
7.2. The Company will not accept any liability for any loss or damage deriving from the fact that the User has not stored his or her password securely or has not communicated the unauthorised use, loss or theft of such password to the Company pursuant to Article 3.4. above.
7.3. The Company reserves the right to suspend, eliminate, interrupt or modify the Site in whole or in part without advance notice. The Company will not be liable as against the User if the Site is not available for any reason or for any modification, suspension or final interruption of the same.
7.4. All the above will obviously be deemed applicable where permitted within the maximum limits of the law.
8. Connections to third party sites
8.1. The Site may contain hyperlink connections to web sites managed by third parties. The Company will not be liable for the contents of third-party sites made accessible through the Site. The inclusion by the Company of hyperlinks to such web-sites will not imply any acceptance by the Company of the materials published on the same or any other relationship between the Company and the managers of such sites.
9.1. The User accepts that he or she will hold the Company indemnified and harmless against any liability, damages or costs (including, without limitation, legal costs) incurred by the Company because of the following: (i) breach of these Conditions by the User, (ii) claims by third parties based on the use of the Site and/or the Material by the User, or (iii) information or materials sent, transmitted or loaded by the User through the Site or the account.
10. Protection of Personal Data
10.1. Any information relating to data of a personal nature sent electronically through the Site by the User will be processed in compliance with the applicable law concerned with personal data protection with particular reference to Legislative Decree 196/2003 as recently amended by Legislative Decree 101/2018 (The Personal Data Protection Code) and EU Regulation 2016/679 (the General Data Protection Regulation), and the Information on the Processing of Personal Data.
11. Applicable Law and Competent Court
11.1. The Site, as currently configured, has been designed to be used by Users located in Italy and the Company does not make any guarantee with respect to the fact that its contents comply with the requirements of the applicable law outside Italian territory.These Conditions will be governed by Italian law and the Court with competence for the location where the User has his or her residence or domicile if within Italian territory will have exclusive competence for the adjudication of any dispute relating to the Site.