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Terms and conditions of use
GENERAL CONDITIONS OF USE
The user of the present website is invited to read carefully the present General Conditions of Use ("General Conditions of Use") before using the website and its services. By using the services offered by this website and by navigating through it the user accepts integrally the present General Conditions of Use. The use of some services, like those concerning the creation of projects and the online purchase, may be subject to additional terms and conditions.
When the user makes use of the services supplied by the present website or send us e-mails, SMS and other kinds of communication from his computer or from a mobile device, he communicates with us in an electronic format. We can communicate with the user in various ways, for example through e-mail of through methods of messaging by smartphone. With the only exception of speficic provisions of law applicable to the present contract, the user accepts to receive from us electronic communications and aknowledges that all the contracts, notifications, information and other kinds of communication that we convey in electronic form abide to the requisite of the obligation of the written form, when so needed.
COPYRIGHTS AND RIGHTS ON DATA BANKS
All the contents present or made available through the present website in the form of texts, images, logoes, icons, pictures, graphic materials, files, audiofiles, digital downloads, data collections and software, are property of Gibam Shops SpA or of his suppliers of contents, and are protect by Italian laws and International laws regulating the copyright and the rights on data banks.
It is not permitted to extract and/or use sistematically in part or completely the present website without the explicit written authorization of Gibam Shops SpA. In particular, it is not permitted to use systems of data mining, robots or similar systems or acquisition or extraction to extract (once or more times) and/or re-use any part of the present website.
Gibam trademark, the mark and logo of Gibam Composit, the graphic materials, the logoes, the page titles, the icon buttons, the characters and the service marks included or provided for use in the present website are marks or distinctive signs property of Gibam Shops SpA. The marks and the distinctive signs of Gibam Shops SpA cannot be used without the explicit written authorization of Gibam Shops SpA and, in any case, when lawfully used, cannot be used in a way that will create confusion among the clients or in a way that could discredit or be detrimental to Gibam Shops SpA. Other trademarks, not property of Gibam Shops SpA, present on this website, are property of their respective owners.
LICENCE FOR THE USE OF THE SERVICES OF THIS WEBSITE
Provided that the user would respect the present General Conditions of Use and, when present, the relevant Service Terms, Gibam Shops SpA grants him a limited, non-exclusive, non-transferable and non-sublicenseable license to access the services provided by the present website. The license includes, for all the authorised users, the right to purchase and re-sell the products purchaseable through the present website, provided that the General Conditions of Sales are respected.
It is not allowed to reproduce, duplicate, copy, sell, re-sell, or in any other way use with any commercial intent the services given by the present website without the explicit written authorization of Gibam Shops SpA. It is not allowed to execute framing techniques to misappropriate any trademark, logo or other proprietary information (including images, texts, page settings or format) of Gibam Shops SpA when an explicit written authorisation to do so has not been bestowed by Gibam Shops SpA. It is not allowed to use meta tags or any other "hidden text" using the name or the trademarks of Gibam Shops SpA without explicit written authorisation to do so bestowed by Gibam Shops SpA. The violation of the present general Conditions of Use and/or of the Service Terms, when existing, will entail the withdrawal of the authorization or of the license previously given by Gibam Shops SpA.
When using the services offered by the present website, the user is susceptible to keep private his account and his password and to manage the access to his computer and to his other devices and accepts, within the limits imposed by law, to be considered liable for all the activities that will be executed with his account and his password. The user is obliged to adopt all precautions necessary to guarantee that his password remains safe and protected and is committed to inform us immediately whenever he would believe that a third party got knowledge of his password or when his password is or could reasonably be used in a non-authorized way. The user must make sure that all data he provides us are correct and complete and must immediately update the information supplied.
The user cannot use the services provided by the present website: (i) so to cause or be potentially able to cause interruptions, damages or malfunctioning of the website or (ii) with illicit intent, or anyway to commit illicit acts, or (iii) to create disturbance, prejudice or apprehension.
Gibam Shops SpA reserves the right to block the access to the website and/or to the services provided, to suspend or to cancel an account, to remove or modify the contents of his website at his own discretion, in case of violation of the applicable laws, of the present General Conditions of Use or of the guidelines and applicable policies.
VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
Gibam Shops SpA respects the intellectual property rights of third parties. If the user believes that his intellectual property rights have been possibly violated, he is invited to inform us through the address firstname.lastname@example.org.
Gibam Shops SpA will do his best to make sure that the access to the present website will be possible without interruption and that the transmission will happen without mistakes. However, owing to the nature of internet, the uninterrupted acces and the absence of mistakes in transmission cannot be guaranteed. Moreover, the access of the user to the website could be occasionally suspended or limited to allow the execution of repair, maintenance or the introduction of new activities or services. We will do our best to limit the frequency and the duraton of these suspensions and limitations.
Gibam Shops SpA cannot be held responsible for (i) losses of commercial opportunities (including lost profit, lost gains, lost contracts, supposed savings, loss of data, loss of goodwill or costs born at no avail) or (ii) any other indirect loss or loss consequent that will be generated by the use of the present website.
Gibam Shops SpA will not be responsible for any delay or breach of the obligations of the present General Contitions of Use whenever the delay or the breach will be caused by unforeseeable events or by force majeure. The present disposition does not infringe the rights of the user guaranteed by the laws on force. The same laws in some countries may forbid the limitations of responsibility here indicated. Whenever such dispositions are applicable, the limitations of responsibility are not effective and the user may see recognised to him other rights. None of the conditions here indicated can exclude or limit the responsibility of Gibam Shops SpA in case of death or damages caused to people by his (of Gibam Shops SpA) negligence or caused by fraud or gross negligence.
APPLICABLE LAW AND COMPETENT COURT
The present General Conditions of Use are regulated by and must be interpreted pursuant to the laws of the Italian Republic, and it is expressly excluded the application of the United Nations Convention of International Sales Contracts.
MODIFICATIONS TO THE SERVICE OR VARIATIONS TO THE CONDITIONS
We reserve the right to modify the services offered by the present website, its policies, the present General Conditions of Use and the Service Terms (when existing) at any time, so to offer new services or products or to abide to new laws and regulations. The user will be subject to the policies and the terms of the General Conditions of Use on force at the time of use of the present website. Whenever one of the provisions of the present General Conditions of Use would be rendered invalid, null or for any reason unapplicable, such situation will not infringe the validity and the effectiveness of all the other provisions.
In case of breach of the present General Conditions of Use by a user, the fact that Gibam Shops SpA may not take action against him does not represent a waiver to act against such violation.
This website is property and is managed by Gibam Shops SpA. The user can contact us by e-mail at email@example.com or by letter sent to: Gibam Shops, Via VIII strada 13, 61032 Bellocchi di Fano (PU), Italy.
ADDITIONAL TERMS APPLICABLE TO THE GIBAM COMPOSIT CONFIGURATION SOFTWARE
- Use of the Gibam Composit configuration software. The present website allows the user also to operate an online software able to configure furnishing products, through which the registered user can create projects, see them represented, know prices, obtain quotations, order and pay products. The user can make use of such software within the limits prescribed by the General Conditions of Use, by the present Additional Terms and by Service Terms, when existing. The user is not allowed to incorporate partly or completely the configuration software into his programs or websites, cannot compile portions of it in combinations with his programs, cannot transfer the configuration software so to use it in connection with another service, and cannot sell it, lease it, distribute it or sub-lease it or convey in any other way rights concerning the configuration software. The user cannot use the configuration software for illicit purposes. The right of use of the configuration software will be immediately revoked, without notice, whenever the user will breach the present Additional Terms or the General Conditions of Use or the Service Terms (when existing).
- The user cannot copy, modify, make activities of reverse engineering, decompile or disassemble or in any way intervene on the configuration sotware partly or completely or create objects originated from it or out of it, neither can he encourage, assist or second any subject who would like to do so.
- Updatings. In order to keep updated the configuration software, we could carry on automatic updates or manual updates at any time, without notice.
- Available space and conservation of project’s data. The user authorised to make use of the configuration software can save the projects he has made to view it at a later date or to re-use them. The space that the user will occupy with such files is free of charge. Gibam Shops SpA cannot be held responsible for any real or supposed damage or loss caused by the failed or limited access of the user to his saved projects, or by their unavailability, corruption, destruction or any other situation that will make them unavailable for use temporarily or for ever.
Privacy: terms and consent
Consent to personal data processing, as per the Notice, for the following purposes: