Terms of Use

Terms of Use of the Site

The use of the  “www.maliziarimini.it” website (the “Website“) is subordinated to acceptance of the terms and conditions indicated below (the “Terms of Use“).

Malizia invites users of the Website (the “Users” and, in the singular, the “User“) who do not intend to accept these Terms of Use to refrain from using the Website and from downloading any content or material from it.

The Website is aimed at Users who are “end consumers”, i.e. for those Users who access the Website and use the services offered in it for purposes unrelated to the work or the commercial, entrepreneurial or professional activity they may perform or exercise.

The Website is aimed at promoting the products marketed by Malizia (the “Products”) and their sale in accordance with the General Sale Conditions which must be considered strictly related to these Terms of Use of the Site and fully referred to herein.

Malizia will therefore not be liable for any damages that may be suffered by the Users who have used the Website for purposes other than the ones specified herein.

Access to the Website from countries in which the contents of the website  itself, or the services offered through it, are considered illegal or are in any way prohibited, is expressly prohibited. Those Users who use the Website from such Countries shall therefore be held liable for any damage in which they may incur as a consequence of such conduct.

Language

The Users may select the Website language (i.e. the language in which the Website’s pages are visualized) in the homepage and in any page of the same Website. The Users may change the selected language at any time by clicking on the specific button. The language selected before the registration or, in relation to subsequent accesses, before login, shall be the language that will be used in the purchase procedure (if any).

Copyright

The pages of the Website are owned by Italmoda Sport snc, a company registered in the Rimini Company Register, CCIAA / NREA RN 307016, VAT number. 03752620405, with registered office in Rimini, Viale Paolo Mantegazza 1 / A. (“MALIZIA”)

 and are protected by national and international laws (including conventions) on copyright.

The contents present on the pages of the Site cannot, either in whole or in part, be copied, reproduced, transferred, uploaded, published or distributed in any way and by any means without the prior written consent of Malizia, without prejudice to the possibility of ‘User to store them on their computer or to print extracts from web pages for personal use.

The “Malizia” trademark (the “Trademark”) is owned by Italmoda Sport snc. Any use of the Trademark by the User is expressly prohibited, except with the express authorization of Malizia.

Information contained in the Website

The information on the Website is provided in good faith by Malizia, which considers them to be accurate on the basis of diligent verifications.

Any typographical errors or inaccuracies on the Website – in relation to which Malizia declines all responsibility – will be corrected upon notification by the Users. In this regard, Users acknowledge that the Website and the contents on it were originally developed and prepared in Italian and that the various versions of such contents in different languages are translations of the original Italian version. Therefore, even if prepared with utmost diligence, such versions may fail to perfectly reflect the original Italian version, which shall in any case be considered as the prevailing version.

Malizia has full discretion to update or modify the Site at any time and without notice, replacing the pages of the same or the contents (including the Products) on it, without prejudice to the provisions of the General Sale Conditions  .

Links to other websites

Malizia assumes no responsibility in relation to products offered or information provided by third parties through sites with which the Website has a link and, therefore, is not responsible for, nor approves, either the contents provided by such third parties or the conditions which regulate such third parties’ websites.

Any User who visits a website linked to the Website is required to take any measure capable of protecting its hardware or software against viruses or other damaging elements which may derive from said website and to read the conditions regulating its use.

Display of the Website pages

The quality of the images and colors of the Products sold through the Site are to be considered indicative as they are connected to and dependent on a series of variables (such as, for information only and not exhaustive, the internet browser and monitor used by the User, lighting conditions of the room where the monitor is located, etc.) that cannot be checked by Malizia.

Navigation Data – Cookies – Viruses

The computer systems and software procedures intended for the operation of the Website gather, over the course of ordinary operation, some pieces of data concerning the Users. The transmission of such data is implicit when using the Internet communication protocols. Such data are not collected with the aim to be associated to specifically identified users; however, due to their nature, they may enable the User’s identification through processing operations and associations with data possessed by third parties. This category of data includes the IP addresses or the domain names of the computers used by the Users who connect to the Website, the URI (Uniform Resource Identifier) addresses of the requested resources, the time of query, the method used in submitting the query to the server, the size of the file in reply, the numerical code indicating the status of the reply given by the server (successful, mistake, etc.) and other parameters related to the operating system and to the computer environment of the User. These data will be used by Malizia (or by third parties on its behalf) for the sole purpose of obtaining anonymous statistical information on the use of the Website and to verify its correct functioning. The data could also be used to ascertain responsibility in the event of hypothetical computer crimes against the Website or Malizia.

If the User does not wish to receive any type of cookie on his computer, neither from the Site nor from other sites, he can raise the privacy protection level of his browser through the appropriate function. In particular, you can set your browser so that (1) it warns the user of the presence of a cookie, allowing him to decide whether to accept it or not, or that (2) automatically refuses all cookies. It should be noted that the deactivation of cookies could result in the incorrect display of some pages of the Site or of some contents present on it (including the products offered through it).

Please note that, based on Article 7 of Legislative Decree 196/2003, the User has the right to request Malizia at any time to delete the information collected through cookies.

Malizia will make every possible effort to protect Users – who use the Website in accordance with these Terms of Use of the Site – from the risk of viruses while browsing it. For the sake of clarity, it is specified that this paragraph is not applicable to sites connected to the Website (via links, banners or other links), which, as explained above, are beyond Malizia control.

Personal Data Protection

The personal data provided by Users through the website (the “Personal Data”) will be used by Malizia olely for purposes strictly connected and related to the provision of its services and to the processing of the orders placed by Users. Such data may be transferred or communicated within  Malizia’s administrative and commercial organization or to its suppliers of services (including DHL), for activities strictly connected and instrumental to the purposes for which they were collected (such as the operation of the Internet service , the management of the IT and telematic system, the management of orders and shipments).

Such Personal Data will not be disclosed to third parties, unless:

• there is explicit consent of the User to share Personal Data with third parties (this consent may also be given through the Site);
• there is a need to share information with third parties in order to provide the service requested by the User or to conclude the purchase and sale of Products;
• this is necessary to fulfill requests from judicial or public security authorities.

The Personal Data will in any case be processed, stored and used by Malizia, which will act as the data controller, in compliance with the provisions of current regulations and in particular by Legislative Decree 196/2003.

In the case of conclusion of agreements for the purchase and sale of Products through the Website, the provisions of Article 11 of the General Sale Conditions will also apply in any case.

Customer care

Malizia’s Customer Service is available to Users to provide any information and assistance in relation to the Website, as well as, among other things, the use of Personal Data. Any request, complaint, proposal or suggestion can be forwarded to Customer Service in the following ways:

• by sending an e-mail to shop@maliziarimini.it;
• by post, to the address Viale Mantegazza 1 / a 47921 Rimini RN Italy
• by telephone, at the number +39 0541 5694 which will be operational on Mondays from 3.30 pm to 7.30 pm and from Tuesday to Saturday from 9.30 am to 12.30 pm and from 3.30 pm to 7.30 pm.

Applicable law and dispute resolution

These Terms of Use of the Site are governed by Italian law, with the exclusion of conflict rules. The judges of the Italian State will have exclusive jurisdiction for any dispute arising between Users and Malizia in relation to, or in connection with, the use of the Website or the information and content on it.

Modification and updating

The Terms of Use of the Site may be subject to adaptations, changes or updates. They will become effective from the moment of their publication on the Website. Users of the Website are therefore invited, as well as in any case required, to check the Terms of Use of the Site applicable at all times.