1. Scope of Application
1.1. These General Conditions of Use (hereinafter, the "General Conditions of Use") govern the use by the user as a registered user or simple visitor (hereinafter, the "User") of the purchasing platform and its website www.tulize.it, including its application (hereinafter jointly referred to as the "Site") managed by Flor Art Accessori S.r.l. (C.F. 02695130167), with registered office in (24064) Grumello del Monte (BG), via Roma n. 88 and registered with the REA of Bergamo under number BG - 315239 (hereinafter, "Flor Art").
By accessing or using the services on the Website, the User accepts these General Conditions of Use and agrees to comply with them. If the User does not wish to accept these General Terms and Conditions of Use, please refrain from using the Website.
2. Changes to the General Conditions of Use
3. Obligations of the User
3.1. The User must comply with the terms of the General Conditions of Use of the Site, as well as with the legislation applicable at the time when using the Site and the services offered through it, and must not violate the rights of Flor Art, the suppliers of the Site and the other subjects operating on the Site.
4. Access, registration and use of the Platform
4.1. The User can consult and access the Website free of charge if their profile has been created on the Website, it being understood that the User will be responsible for the cost of the Internet connection used to access the Website, according to the rates, terms and conditions applied by their operator.
4.2. Registration to the Site will result in the creation of a personal, non-transferable and non-shareable account through which the User can access the features of the Site.
4.3. The creation and deletion of accounts on the platform is managed by Flor Art. To this end, the User should contact customer care at firstname.lastname@example.org for any problems or in case of updates to the information relating to their profile available on the Site.
4.4. Following the creation of a personal account, the User can use the services offered through the Site for his access profile. Flor Art may add additional features to the account that will be notified through the Site.
4.5. The User is responsible for all activities that will be carried out through his account. To this end, the User agrees to take appropriate precautions to ensure that his or her credentials remain secure and confidential, and agrees to inform Flor Art immediately in case he or she has reason to believe that any third party has knowledge of his or her credentials, in case his or her credentials are, or are likely to be, used in an unauthorized manner, as well as in case of loss or theft.
4.6. You may not use your account and the Site:
4.6.1. in a manner that causes, or is likely to cause, interruption, damage or malfunction to the same and their functionality; and
4.6.2. for fraudulent purposes, or otherwise to commit unlawful activity.
4.7. In any case, the User is obliged not to interfere with the operation of the Site and, in particular, undertakes not to attempt to circumvent its security, not to tamper with it and, in any case, not to impair in any way the operation of the Site or any computer system, server, router or other computer device.
5. License for the use of services
5.1. Provided that the User complies with these General Conditions of Use of the Site, Flor Art grants a limited, non-exclusive, non-transferable and non-sublicensable license to access the Site solely for the use of the services offered through the same. This license does not include any right of sale or commercial use of any feature or content of the Site, nor the right to make any kind of download or copy of the Site's account information. All rights not expressly granted by these General Conditions of Use of the Site remain the property of Flor Art and/or other parties authorized to operate on the Site.
5.2. With the exception of what is set forth in article 6.2 below, it is not possible to reproduce, duplicate, copy, sell, resell or in any other way use for any commercial use the contents and distinctive signs owned by Flor Art and any other content or functionality of the Site, in whole or in part, without the express written consent of Flor Art. It is also not possible to framing the Site or use techniques that allow the misappropriation of any trademark, logo or other information or content of the Site (including images, text, page settings, or format).
6. Intellectual Property Rights
6.1. Unless otherwise specified, all content and materials present or made available on the Site in the form of, among others, text, catalogs, photographs, illustrations, images, graphics, technical drawings, sounds, animations, buttons, icons, videos, advertising text, trademarks, domain names, including the arrangement thereof, are the property of Flor Art and/or its content providers and are protected by applicable copyright, database right and other intellectual property rights laws.
6.2. The User is authorized to download, view or print the contents of the Site for exclusively personal and non-commercial purposes, in such a way as not to cause any damage to the industrial and intellectual property rights of Flor Art of any third parties. The contents of the Website may in no case be used for different purposes, including, by way of example and not limited to, their distribution, modification, reproduction, transmission or diffusion, without the prior written consent of Flor Art. If the User uses the Website and/or the contents published therein in violation of these General Conditions of Use, the User may be asked to destroy or return the contents, without prejudice to the right of Flor Art to take any further action to protect the rights infringed and compensation for damages suffered.
7.1. Flor Art is committed to ensuring the quality of the information published on the Site and the services offered through it, as well as their integrity, updating, completeness, timeliness, ease of consultation and accessibility.
7.2. To the extent permitted by applicable law and except in cases of fraud and gross negligence, Flor Art does not provide any guarantee with respect to the following:
7.2.1. the fact that the Site or its contents are constantly accessible;
7.2.2. the occurrence of any disruption consisting of delays or interruptions in the operation of electronic communication services that prevent access to or use of the Site; and
7.2.3. the absence of viruses, malware or other elements that make the Site and/or its content dangerous. The User is responsible for implementing procedures and controls to meet the security needs and reliability of incoming and outgoing data, such as the installation of an anti-virus application.
7.3. It is understood that the Site may present some products in combination with images or graphic reproductions whose purpose is only illustrative.
8. Limitation of Liability
8.1. Within the limits of the law and except in cases of fraud and gross negligence, Flor Art disclaims any liability for any damage or injury suffered in any way by the User as a result of accessing and using the Site and/or downloading any content for any reason on the Site.
8.2. Flor Art is not responsible for any inefficiencies and costs resulting from the communication of incorrect or outdated information by the User or, in any case, due to the conduct of the User.
8.3. Flor Art assumes no responsibility for any loss or damage resulting from the fact that the User has not securely stored their credentials or has not communicated to Flor Art the unauthorized use, loss or theft of the password in accordance with article 4.6 above.
9. Events of force majeure
9.1. Flor Art will not be responsible for delays in accessing the Site and its functions that are due to malfunctions of the Internet network, fortuitous events, force majeure, reasonably unforeseeable malfunctions, legal measures or in any case events beyond the control of Flor Art.
10. Links to third party websites
10.1. The Platform may contain hyperlinks to websites managed by third parties. In any case, Flor Art is not responsible for the contents of third-party sites made accessible through the Site. The insertion by Flor Art of hyperlinks to such websites does not imply any acceptance by Flor Art of the material published on such websites or any other relationship between Flor Art and the managers of the same.
11. Violations, responsibility and indemnity
11.1. The User agrees to indemnify and hold harmless Flor Art in relation to any liability, damages and costs (including, without limitation, legal fees) that Flor Art may incur due to: (i) a violation by the User of these General Conditions of Use; (ii) claims of third parties that are based on the use of the Site and/or the content therein provided by the User; or (iii) information or content that has been sent, transmitted or uploaded by the User through the Site or personal account.
12. Protection of Personal Data
13. Applicable law and competent court
13.1. These General Conditions of Use are governed by Italian law and any disputes relating to the Platform are subject to the exclusive jurisdiction of the court of residence or domicile of the User if located in the territory of the Italian State.
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the User declares that they have understood and expressly accept the following articles of the General Conditions of Use: 2 (Modifications to the General Conditions of Use), 5 (Licence to use the services), 6 (Intellectual property rights), 7 (Warranty), 8 (Limitation of liability), 9 (Force majeure events) and 11 (Violations, liability and compensation).