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GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE WWW.LEGAMI.COM
These terms and conditions of use, complying with Legislative Decree no. 196/03, as updated by Legislative Decree no. 101/18, are set between the user of the website (hereinafter User) and LEGAMI S.R.L. (REA Bg-335305 VAT no. 02937550164), with legal seat in Bergamo, Via Ozanam no.2 (hereinafter Legami).
The website legami.com is accessible at the URL https://www.legami.com and enables Users to use the functions set forth in Article 1.
“Use” in this document covers all transactions carried out by the User from the moment of the access to the Website, including the simple consultation, whatever device is used (PC, smartphone, ...), connection type (private, WI-FI, ...) and place of connection. The use of the Website implies the unreserved acceptance of these Terms and Conditions of Use by the User; in case of changes thereto Terms and Conditions of Use published on the Website at the time of the Use by the User will apply.
ARTICLE 1: FUNCTIONALITY OF THE WEBSITE
The website enables the User to:
- understand items and services proposed by Legami;
- make purchase in accordance with the procedures provided for in the General Sales Conditions of the Website;
- post comments/reviews on items sold by Legami and on service offered by Legami e-store;
The list of functionalities is provided for information purposes only but not limited thereto. Legami reserves the right to remove and add functionalities, either temporarily or permanently, without User’s consent.
ARTICLE 2: TERMS AND CONDITIONS OF USE OF THE WEBSITE – CREATION OF AN ACCOUNT
The use of the Website is restricted to adult persons identifiable as private individuals and to adult persons in their capacity as pro tempore legal representatives of legal persons.
The access to certain services proposed on the Website may be subject to the possession of an Account for the creation of which the User may be asked for information allowing his/her identification.
The creation of the Account is free.
Pursuant to Legislative Decree no. 196/03, as updated by Legislative Decree 101/18, Legami is obliged to collect and record personal data allowing the identification of the User. Data are collected and treated in compliance with the Privacy Code and in conformity with information on personal data that the User shall declare to have read and understood at the time data are recorded.
For this reason, the User undertakes to send accurate and complete data regarding his/her identity and refrains from usurping identities of others. If this commitment is not met, Legami reserves the right not to confirm, suspend or eliminate the account.
The creation of a Legami Account and the registration request to the Website are free and optional; if the user decides to proceed, he/she will have the possibility to conduct the following activities:
- save and change personal data;
- access to all pre-contractual information;
- manage and update personal data;
- purchase on Legami Website.
In particular, through the creation of a Legami Account, the User requires and accepts analitically and severally the following services:
- receive institutional communications from Legami;
- receive information relating to the characteristics of the products and/or any promotions implemented by Legami, in conformity with Article 130, paragraph 4, of the Privacy Code (soft spam).
ARTICLE 3: CONTENT SHARING ON THE WEBSITE
In order to facilitate interaction among Users, Legami proposes several services that allow to insert contents on the Website, in particular through the service “Write a review”, for which Legami gained a partner, Zoorate / Feedaty. For all analytical information about the service, what described in detail at the link https://www.feedaty.com/termini-e-condizioni-di-pubblicazione/ entirely makes reference to the terms and conditions of publication.
For the purposes of these terms and conditions, “Content” is defined any element inserted by the User on the Website (e.g. texts, comments, images, …).
The User is responsible for anything that can be done in his/her own name or, however, from his/her own computer. The User undertakes to notify Legami, through the special form “Contact us” of cases where it is reasonable to believe that his/her pseudonym or e-mail is, or may be, known by a person not authorised to use it.
Legami is not responsible for any use of personal data of a User by unauthorised third parties.
ARTICLE 4: CONDUCT ON THE WEBSITE
The User undertakes not to:
- commit the illegal acts;
- extract or collect personal data of users of the Website by any means;
- extract, record or exploit – for purposes other than the exclusive visualization when browsing the Website – data and contents of others;
- preserve, distribute or post any illegal, damaging, abusive, discriminatory content, that incites hatred, contrary to accepted principles of morality, violating privacy or rights of others, in particular attributable to the image, intellectual property or respect for privacy;
- carry out directly or indirectly propaganda of any kind and nature:
- use the identity of third parties and/or post any personal information of others;
- preserve, distribute or post any content that could adversely affect, directly or indirectly, Legami’s rights.
In general, the user commits to refrain from any behaviour contrary to the values of Legami.
In any case the User may not use the Website for commercial purposes.
ARTICLE 5: INTELLECTUAL PROPERTY
Content of the website
The content of the Website respects intellectual property rights, in particular regarding copyright, drawings and models, brands, domain names, patents, know-how, softwares and databases. Legami is the holder of all contents of the Website and associated rights. Over these contents Legami grants to the User the consent for non-exclusive and revocable use of the Website. That consent does not provide the Users with any right, in particular, the right of commercial exploitation of aforesaid contents and images.
Content posted by Users
Contents posted by Users (texts, photos, comments, …) remain the property of the user, except under the application of specific conditions previously accepted for specific services available on the Website, previously verifiable at the aforesaid link.
Users may at any time require Legami to cease the publication, as reffered to in Article 7 of these Terms and Conditions of Use.
ARTICLE 6: RESPONSIBILITY
Responsibility of Legami
The consultation and the use of the Website are under the sole responsibility of the User. Legami shall not be held responsible for damages arising from accessing, using the Website and information contained therein. The User is informed on the possibility that Legami may temporarily terminate the access to the Website for technical reasons connected with maintenance and renounces as of now to claim for damages. Legami shall not be deemed under any circumstances responsible for:
- any information consulted on the Website not posted by Legami;
- any malfunctions of the network that do not allow the proper functionning of the Website;
- any losses of data;
- any malfunctions of softwares;
- any losses arising from computer viruses, bugs, anomalies or malfunctions;
- any damages caused to PC/tablet/smartphone of the User.
Legami allows users to relate among themselves through the publication of reviews. Legami shall not be held responsible for activities or contents preserved on the Website; the responsibility of Legami is limited to that provided for by Article 17, pharagraph 2, of the Legislative Decree 70/2003, requiring Legami to:
- inform, without delay, the judicial or administrative authority if it becomes aware of illegal activities or information;
- provide, without delay, at the request of the competent authorities, information in its possession that allows for the identification of the recepient of its services, to detect and prevent illegal activities. Legami is civilly liable for the contents of these services only if, at the request of the judicial or administrative authority, it has not acted to prevent access or if, after having known that certain content is illegal, it has not proceeded to informing the competent autority. Legami is obliged and entitled to delete any illegal content without prior notification to the User, in accordance with the provisions of Article 17 of the aforesaid law. Consequently, Legami should not aprioricontrol over quality, truthfulness, lawfulness of Contents deposited by Users.
Responsibility of the User.
By using the Website, the User agrees to hold Legami harmless of any damage, cost and charge, direct and indirect deriving from:
- third party claims as to the contents deposited in his/her name, in particular due to the violation of rights on contents posted on the Website;
- any activity correlated with the participation on the Website contrary to these general terms and conditions;
- violation of these Terms and Conditions of Use of the Website.
Legami requires the User to maintain a respectful attitude complying with etiquette and values of Legami. All contents not in conformity will be remouved from the Website.
ARTICLE 7: DELETION OF CONTENTS DEPOSITED BY USERS
Legami is free to delete any profiles, contents, information published on the Website and may prohibit the use and access to the same when it becomes aware of the non-respect, by the User, of the terms and conditions of use or due to technical reasons. Any modification or deletion can be carried out without prior notification or communication, at Legami’s discretion. By the procedure “report abuse” each user may inform Legami that contents are presumably posted in violation of the herein described terms and conditions of use. The user is obliged to enclose all the details needed regarding the report.
The user has, moreover, the possibility to request the removal of contents deposited on the Website. For such purposes he/she shall send his/her request for removal of contents to the address:
This request shall be accompained by information allowing for the identification of contents. Any grounded and legitimate request will be be dealt with in the shortest possible time by Legami. The user acknowledges that Legami may not be held responsible in any way for the time required for the processing of the request or for the objective impossibility of providing a response.
ARTICLE 8: INTEGRITY
Where one or more clauses of the general terms and conditions of use are declared null as a result of the application of a law, a regulation or a definitive administrative or judicial decision, the other clauses keep their force.
ARTICLE 9: APPLICABLE LAW
These general terms and conditions of use of the Website are governed by and to be interpreted in accordance with Italian law. The only competent court for any controversy relating to these terms and conditions of use is the Court of Bergamo. Legami would point out that for the purchase of products the provisions contained in the General Terms and Conditions of Sale are applied.
ARTICLE 10: TREATMENT OF PERSONAL DATA (PRIVACY)
Concerning regulations governing the processing of personal data by Legami reference shall be made to the specifically dedicated area inside the website.
Last updated: May 28th, 2020
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