MATTEO THUN & PARTNERS S.R.L.
sede legale: Via Andrea Appiani 9 - 20121 Milano (Italia)
Capitale sociale € 10.400 i.v.
TERMS & CONDITIONS OF MATTEOTHUNMILANO.COM
1.1 The Matteo Thun Atelier website offers you access to its interactive online websites, applications and services. The Website is operated by Matteo Thun & Partners S.r.l., with registered office in Milano, via Appiani 9, (hereinafter referred to as “We”, “Us”, “Our” or “Ours”). These Terms and Conditions set out the rules which apply to the Website its Content and Services that We make accessible to or permit Users to make available through Our service (hereinafter referred to as “You”, “Your”, “Yours” or “User”). You should read these Terms and Conditions carefully as, amongst other things; they clarify the limitations of Our liability to You and govern the agreement between You and Us. If You do not agree to these Terms and Conditions You must not use the Website, the Content and the Services.
1.2 By using matteothunatelier.com or browsing any Content and Service You agree by way of conduct to be bound by the following General Terms and Conditions. In addition, certain additional rules are specific to individual Services, such as the Data Protection and Privacy Policy and any such rules shall be published on the Website and shall be deemed incorporated into the Terms and Conditions (together with any other schedules, appendices or exhibits incorporated by reference and links in these Terms and Conditions, (hereinafter collectively referred to as “Terms”).
1.3 Words set out in these Terms starting with capital letters have the following meanings:
- “Content” means all information, material and media, in particular text, data, artwork, graphics, photos, print, footage, software, sounds, music, recordings, videos and other moving and non-moving images and material created or contributed by Us and whether provided in stream, download, electronic data or any other form on or via the Website;
- “IPR” means intellectual property rights which include, but are not limited to copyright, moral rights, registered designs, patents, trademarks, service marks, brands, design rights (whether registered or unregistered) semiconductor rights, database rights, trade secrets, rights of confidence and all other similar rights (including applications for the registration of any of the foregoing rights) and all other renewals and extensions thereof in any part of the world;
- “Services” means the services such as the software, tools, computer programs (widgets) and Content made available to You via the Website;
- “Website” means matteothunatelier.com.
2.1 Any Content and Service of the Website, i.e. all text, logos, trademarks, graphics, artwork, sounds, music and software is protected by IPR. All IPR subsisting in the Website and its Content and Service is either owned by Us or licensed to Us. All rights remain reserved to Us or, if provided by a third party, to such third party (and even if any such Content or Service is not explicitly identified to be legally protected or registered, this does not imply any waiver by Us of applicable intellectual property rights with respect to any such Content or Service in its entirety or parts thereof). Even if any such trademark, name or logo are not explicitly identified to be legally protected or registered, this does not imply a waiver from Us as to applicable IPR in respect of any such trademark, name or logo. You may not reproduce, copy, post, republish, broadcast, record, transmit or edit any Content, materials or part(s) thereof without Our express prior written consent, nor do or attempt to do anything which infringes Our IPR or any IPR licensed to Us or owned by a third party. The same shall apply to ideas and concepts that the Website, any of its Content or Services is based on, even if not protected by IPR law.
Any reproduction of the Content, the Services or part thereof shall be expressly agreed to by Us and clearly marked by User with Our copyright sign, as follows:
© Matteo Thun & Partners S.r.l.
3.1 We make no express or implied representations or warranties of any kind (and all representations and warranties are expressly disclaimed to the fullest extent permitted under applicable law) with respect to the accuracy, quality, workmanship, timeliness (including in respect of delivery), operability, merchantability, availability, or completeness of the Website, Content and Services or towards the non-infringement of industrial or intellectual property or any other rights of third parties or the fitness of the Content for a particular purpose.
3.2 We do not warrant that the Website, the Content or the Services will be error-free or uninterrupted or that defects will be corrected. We reserve the right at any time to remove the Website, Content or Services (or part thereof) for whatever reason, or to interrupt the operation of the Website, Content or Services (or part thereof) as may be necessary to perform routine or non-routine maintenance, error correction or other changes.
3.3 We sometimes provide hyperlinks and/or advertisements to other Websites that are not owned or controlled by Us. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to Our Website. Neither are We responsible for any third party's Websites and You visit such Websites entirely at Your own risk.
3.4 Subject to paragraphs 3.6 and 3.7 below, You agree that We and Our employees, directors, distributors, licensors and agents shall not be liable, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, for any (i) loss of business, opportunity, use, profit, anticipated profit, contracts, revenue, goodwill or anticipated savings or (ii) loss of data or use of data, whether direct, indirect, consequential or special and whether arising in connection with the use of or attempt to use the Website, the Content or the Services, the inability to use these items, interruption or termination of Our provision of the Website, Content or Services and even if We have been advised of the possibility of such damages occurring.
3.5 In any event, to the fullest extent permitted by applicable law, We shall not be liable for any damage or loss, whether direct or indirect, that You may suffer as a result of a failure by Us to deliver the Content or Services for any reason, including but not limited to access delays or interruptions, data non-delivery or mis-delivery, failure to deliver the Content or Services due to server failure or any event of force majeure including without limitation, acts of God, war or terrorism, breaches of security or unauthorized use of personal data arising from hacking and/or failure or lack of reception of networks. The exclusion set out in this section shall apply even in the event that the loss or damage suffered by You was or should have been foreseen by Us and/or You told Us of the risk of You suffering the loss or damage in question.
3.6 Nothing in these Terms shall limit or exclude Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation, or for any other type of liability which cannot be limited or excluded by applicable law.
3.7 Nothing in these Terms shall affect any statutory rights which You may be entitled to as a consumer.
4.1 Information, data and material which You provide to Us is subject to Our Data Protection and Privacy Policy. The current version of Our Data Protection and Privacy Policy shall be deemed incorporated into these Terms.
5.1 Each provision of these Terms shall be constructed separately and independently. The effectiveness of these Terms shall not be impaired if any provision of these Terms turned out to be completely or partially invalid or unenforceable. In this case, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms remain in full force and effect.
6.1 These Terms shall be governed by and construed in accordance with Italian law with the exclusion of its conflict of law rules.
6.2 All disputes arising out of or in connection with these Terms, including but not limited to any questions regarding their existence, validity or termination, shall exclusively be settled by the court of Milan (Italy), unless under mandatory statutes the jurisdiction of the court where the consumer is domiciled applies.
DATA-PROTECTION POLICY
Matteo Thun & Partners S.r.l., acting as data controller (“Data Controller”) of the data processing pursuant to Legislative Decree 196/2003 (the “Data Protection Code”), will process data:
Data will be processed with the above purposes for the whole term of the relationship and also thereafter for the fulfilment of all statutory duties.
Data processing may encompass all operations indicated in Sect. 4, paragraph 1, subparagraph a) of the Data Protection Code: collection, filing, management, storage, referencing, processing, modification, selection, screening, retrieval, comparison, use, interconnection, blockage, disclosure, cancellation and destruction of data. Data may be processed on paper as well as by means of computerized and/or electronic or anyhow automated equipment.
Data will be processed by the data controller and/or by the persons in charge or data processors, so that safety and confidentiality of data will be ensured in accordance with the provisions of the Data Protection Code. In particular, all the necessary technical, informational, organizational, logistical and procedural security measures provided by the Data Protection Code are adopted, so that the minimum level of protection provided by law is guaranteed. Moreover, the procedures applied ensure that data access is allowed only to the persons in charge of data processing.
The disclosure of personal data is strictly necessary in order to process the requests of quotation addressed through the website.
The disclosed personal data might be disclosed to persons in charge and/or data processors appointed by the Data Controller and may be disclosed to [...] and, in without limiting the generality of the foregoing, to all those subjects who might need such disclosure in order to duly perform services in favour of the Data Controller and/or fulfil the purposes described hereof, or when any such disclosure is requested by the data subject. Such subjects will process the data as data processors appointed by the Data Controller, or as autonomous data controllers.
Within the scope of the above purposes, data may also be processed by third parties supplying IT and/or storage services, who will process them as data processors or autonomous data controllers.
The disclosed personal data will not be disseminated.
As long as it is strictly necessary for the performance of the Data Controller’s obligations vis-à-vis the Data subject, the disclosed personal data may be transferred to EU Member States and also to third countries granting a level of protection comparable to the EU.
Sect. 7 of the Data Protection Code entitles the data subject:
PRIVACY AND COOKIES POLICY
This privacy and data protection policy (hereinafter referred to as “Privacy Policy”) is supplied pursuant to Sect. 13 of Legislative Decree 196/2003 (hereinafter referred to as “Privacy Code”)”.
This Privacy Policy is supplied for the website matteothunatelier.com (hereinafter referred to as “Website”), accessible both through a PC browser and through applications installed on tablets and/or smartphones. Other websites accessible by means of links present on the Website are excluded from the Privacy Policy.
The Data Controller which can be contacted by the user pursuant to Sect. 7 of the Privacy Code is Matteo Thun & Partners S.r.l.. Data are processed at the registered office located in Milano, via Appiani 9.
The collection of personal data, if any, is carried out in certain areas of the Website, possibly accompanied by further privacy and data protection policies supplementing this. Such additional policy expressly require, where necessary, the consent to the processing of the concerned data.
The Website makes use of what is known as “cookies” (cookies are small text files which visited websites send to the user’s terminal - computer, tablet, smartphone, notebook etc. - where they are stored in order to be sent again to the same websites). These are intended to make the Website more user-friendly and to simply and make its use more effective and more secure. They further serve to analyze the usage of the Website in an anonymous way.
Cookies can be classified as permanent and temporary (session cookies). Permanent cookies are stored as a file on your computer or mobile device. Session cookies are stored temporarily and disappear when you close your browser session.
Moreover, the following categories can be identified, depending on the purpose of the cookie:
Third-party cookies are cookies received from websites or web servicers other than the website being visited. We use third-party cookies to collect statistics in anonymized and aggregate form in analysis tools. The cookies used are both permanent and session cookies.
Cookies do not contain any viruses and do not damage your computer. You can easily erase cookies from your computer or mobile device using your browser. Please note that if you choose to disable cookies, you will not be able to take advantage of all our features.
Please find below a chart in which the cookies used are listed, together with the type and purpose of each cookie.
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The user can set his/her browser in order to be warned of the presence of a cookie and thus decide whether to accept it or not. It is also possible to set the browser in order to automatically refuse any cookie. If the user decides to refuse cookies, it is possible that certain interactive features of the Website cannot be used, in whole or in part. Please find below the links to the instructions of the most common browsers for the deactivation of cookies:
The voluntary and optional sending of e-mails through the means of contact on the Website entails the subsequent acquisition of the communicated e-mail address necessary to respond to answer the requests. Also other personal data contained in the message are acquired and they will be treated with the sole purpose of answering the sender’s requests, with the modalities indicated in the Privacy Policy.