Terms and Conditions

The following terms of use (“Terms of use”) are applies to the websites of propriety B.V. Fashion Group Srl (Henceforth company), published at the address michelle-italy.com.

By using the site, the user accepts these conditions of use; if you do not accept, the user must refrain from using the site.

The Company reserves the right to change, modify, add or remove provisions of these Terms of Use at its discretion and at any time. The user is required to periodically consult the Terms of Use to check for any changes. Your use of the site following the posting of changes will constitute your acceptance of those changes. Subject to your compliance with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited right to access and use the Site.

Additional terms and conditions for products and services

The purchase of products or the provision of services provide for additional applicable terms and conditions, which must be understood as integrated into these Terms of Use.

The user agrees to comply with such additional terms and conditions, also declaring, where required, that he has reached the legal age necessary to use and / or participate in such services or features.

The Company's obligations with respect to its products and services are governed solely by the agreements under which such products and services are provided, and no part of this Site should be construed as a modification of such agreements.

The Company reserves the right to modify any product or service mentioned on the site as well as the prices relating to the products and services, at any time and without notice.

The material relating to products or services published on the site may include outdated information; the Company has no obligation to correct such material and has no responsibility for it.

Content on the site

All text, graphics, user interface, visual interface, photography, trademark, logo, sound, music, illustration, and computer code or other materials (collectively, "Content") on the site, including without limitation the design, structure, the selection, coordination, expression, appearance and arrangement of such Content, belongs to or is controlled or licensed by the Company and is protected by copyright, patent, trade mark and trademark laws trade, as well as by the laws on intellectual property rights and unfair competition.

It is therefore forbidden to copy, reproduce, publish, upload, publicly display, encode, translate, transmit or distribute any part of the site and its Contents on any computer, server, website or other means intended for publication, distribution or for any purpose. commercial without the Company's prior written consent.

The user may use the information intentionally made available by the Company provided that he refrains from copying or publishing the information on any computer on the network or from transmitting the same by any means, does not alter the information in any way and does not release any additional representation or warranty with respect to such documents and information.

Your use of the site

You may not use any automatic techniques, devices, programs, methodologies, or algorithms, or manual processes, to access, acquire, copy, or monitor any portion of the Site or any Content; it is also forbidden to reproduce or circumvent in any way the navigation structure or presentation of the site or the Contents to obtain or attempt to obtain materials, documents or information by means not intentionally made available on the site.

In the aforementioned cases, the Company reserves the right to block such illegal activities.

The user must refrain from trying to gain unauthorized access to any part or functionality of the site, or to other systems or networks connected to the site or to any server of the Company, as well as to the services offered on or through the site, by hacking techniques, password interception or any other illegal means.

You agree to refrain from taking any action that places an unreasonable or disproportionate workload on the site's infrastructure or the Company's systems and networks, or on the systems and networks connected to the site or the Company.

It is forbidden to probe, scan or test the vulnerability of the site or any network connected to it, as well as to violate its security or authentication measures. It is also prohibited to trace or attempt to trace the origin of information relating to any user or visitor to the site, or any customer of the Company, including Company accounts belonging to third parties.

You agree not to use any device or software to interfere or attempt to interfere with the proper functioning of the site as well as with the use of the site by third parties.

It is forbidden to pretend to be or represent another person or to impersonate other individuals or entities.

The user agrees not to use the site or its Contents for activities prohibited by law or by these Terms of Use, as well as to refrain from soliciting the performance of any illegal activity or in violation of the rights of the Company or others.

The user is solely and personally responsible for the use of the service, as well as for any prejudicial consequences that may affect the Company and third parties, and this with reference to the current Italian legislation in civil and criminal matters and, as far as applicable, to the foreign legislation.

The user undertakes to:

1. not to interfere, destabilize or interrupt the service, the servers or networks connected to the service, not to act contrary to any requirement, procedure or rule of the service;
2. not to use the service for illegal purposes or against public order, morality and morality;
3. not to use the service to transmit or disseminate (also through links) illicit, pornographic, racist, harmful to privacy and/or in any case obscene, vulgar material (even if aimed at an adult audience and characterized by nudity or acts of a sexual nature), defamatory libelous, abusive, or otherwise send private information relating to an individual without their consent, intentionally inflicting emotional distress;
4. not to transmit material and/or messages that encourage third parties to implement an illicit and/or criminal conduct liable to criminal or civil liability;
5. observe, and have any person using the service observe, all network regulations, directives and procedures connected to the service itself;
6. not to create headers or otherwise manipulate distinctive signs or indications in order to counterfeit the origin of a content of the service or the service itself;
7. not to use or disseminate the content of the service that involves the violation of patents, trademarks, secrets, copyrights or other industrial and/or intellectual property rights of the supplier or of third parties;
8. not to send commercial and/or promotional messages or to engage in "spam", "chain letters" or any other form of unauthorized solicitation of discussion groups, social forums and any other form of communication/ aggregation, also "crossposting" and/or addresses of users who have no relationship with the sender; in particular not to send unsolicited advertising via e-mail and/or mailbombing (sending numerous messages without significant changes in the content to the same user), subscribe someone to a mailing list without the person's permission, attempt without authorization to enter a computer equipped with a security system;
9. spread viruses or any other technology aimed at damaging the site or other users of the website;
10. not to disclose to third parties information in relation to the systems and methods of accessing the service.

In any case, it is expressly forbidden to use the service to contravene directly and/or indirectly the laws in force of the Italian State or of another foreign State.

The user may transfer the information provided by the service to other processors exclusively for personal use and in any case within his own corporate structure.

The user agrees and agrees that the technical processing, transmission or diffusion of the service, including its contents, may include the transmission or diffusion of contents through other networks and the need for the Company or its third party suppliers to provide modifications to the service in order to conform or adapt it to the technical specifications, the connection standards of its networks or to the equipment and connection programs.

The Company reserves the right to terminate access to the website, even for a single user, if it believes, at its sole discretion, that the site is being used in contravention of the points described above.

Accounts, passwords and security

The site offers some services and features which necessarily require the opening of an account with relative UserID and password. The user is exclusively responsible for the confidentiality of his account data, including the password, and for any activity originating from the account itself and, consequently, remains solely responsible for all uses, whether authorized by the same or unauthorized. The user undertakes to log out of his account at the end of each session of use of the service.

The user will be solely responsible for the security and appropriate use of all user names and passwords assigned to him by the Company, possibly also for updating, modifying and monitoring of information disseminated online. The user is therefore required to adopt all necessary measures to ensure that they are kept secret, used properly, and not disclosed to unauthorized parties.

The user undertakes not to transfer or disclose (directly or indirectly) to third parties both the personal UserID and password and undertakes to immediately notify the Company of any possible theft and/or loss and/or unauthorized use or any other violation to secure your UserID and password from third parties as soon as they become aware of them.

However, the user could be held responsible for any damage caused to the Company or to other users or visitors to the Site by the use of his UserID, password or account by third parties.

You may not use another user's UserID, password or account without the explicit permission and consent of the rightful owner.

The Company will therefore not be responsible in any way for any loss or damage caused by the user's failure to comply with these obligations, who hereby undertakes to indemnify and hold the Company harmless from any and all requests, also of compensation for damages, proposed and/or deriving, directly or indirectly, from the aforementioned use or abuse of the service and/or account.

Privacy

The site is governed by the Company's Privacy Policy, the terms of which are an integral part of these Terms of Use.

You acknowledge and agree that internet transmissions are never completely private or secure. The user acknowledges that any data or message sent to the Site could be read or intercepted by third parties, even in the presence of a special notice that a particular transmission (for example the sending of credit card data) is encrypted.

The privacy document is available at the following web address: michelle-italy.com/privacy-policy.

The Company may disclose information about you (including who you are) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or lawsuits against persons who may injure or interfere with (whether intentionally or unintentionally) the rights and property rights of the Company or visitors or users of the site, including customers of the Company. The Company reserves the right to disclose any information at any time as necessary to comply with any law, regulation, legal process or governmental request. The Company may also disclose your information if it determines that applicable law requires or permits such disclosure, including exchanging information with other Companies and organizations for fraud protection purposes.

The Company may retain any transmissions or communications between you and the Company through the site or any service offered on or through the site, and may also disclose such data if required by law or if it determines that such retention or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that the contents of any Communication violate the rights of others, or protect the rights, property rights, or personal safety of the Company, its employees, users or visitors to the site and the public and, in general, to exercise a right or defend a right in court.

General rules of use of the service

The user undertakes to indemnify the Company and its employees and consultants, from any and all injury and damage suffered by them, from any liability, costs, expenses (including legal) incurred by them, as well as to hold them harmless from any action, reason, claim made by third parties that find cause or reason in behavior or omissions attributable to the user, or that are a consequence of the user's failure to fulfill the obligations imposed on him by the contractual regulation.

Disclaimer and Limitation of Liability

The Company does not warrant that the site or its content, services, or features are error-free or continuously available, or that any defects will be corrected, or that your use of the site will yield specific results.

The site and its contents are provided "as is" and according to availability; All information provided on the site is subject to change without notice.

The Company cannot guarantee that any documents or other data downloaded from the site are free from viruses or contaminations or destructive characteristics. The Company disclaims all warranties, express or implied, including, but not limited to, warranties by accuracy, non-infringement, merchantability, and fitness for a particular purpose.

The Company declines all responsibility for the acts, omissions or behavior of third parties connected or relating to the use of the site and/or any service provided by the Company by the user.

The user assumes full responsibility for the use of the site and linked sites. In the event that the user is not satisfied with the site or its contents, the sole remedy will be the cessation of use of the site or its contents.

The aforementioned limitation of liability is an integral part of the contract between the parties and applies to all damages, liabilities and injuries resulting from malfunction, error, omission, interruption, cancellation, defect, delay in operation or transmission, computer virus, lines of communication, theft, destruction, or unauthorized access, alteration, or use, whether caused by default, fault, negligence, or otherwise.

In the event of interruption of the service for reasons attributable to him, the user cannot request the Company to refund any amount, even partial, for any title and/or reason.

Without prejudice to what is indicated in the previous articles, the user acknowledges and accepts that the Company cannot under any circumstances be held liable - either contractually or non-contractually - towards the user (or third parties) for any of direct or indirect damages including damages relating to loss of profits, goodwill or loss of data even if the Company has been warned (in writing or verbally) of the possible occurrence of such damages.

By way of example and not exhaustively, the Company will not be liable for damages connected or deriving from:

1. from use, misuse or the impossibility of using the service attributable to the user;
2. the cost of substitute services compared to the product/service purchased;
3. from any modification, suspension or interruption of the service;
4. from unauthorized access or from alteration of user transmissions and/or data, including, among other things, any damage, including economic damage, suffered by the same user due to loss of profit, use, loss of data or other elements intangibles.

In any case, all explicit or implicit guarantees are expressly excluded to the extent that this does not conflict with the laws in force and without prejudice to the Company's liability for willful misconduct or gross negligence.

It is expressly agreed and accepted by the user that the Company cannot under any circumstances be held responsible for omissions or errors that may be contained in the information which, at the user's request, has been used for the execution or realization of the service.

The user substantially and procedurally indemnifies the Company, keeping it harmless from any loss, damage, liability, cost or expense, including legal fees, deriving from any violation of the previous points of this article.

The Company's liability for any title deriving from this contract or in any case from the provision of services, including any action for defects, non-performance or failure of the remedial action undertaken, will be limited to willful misconduct or gross negligence only and will not extend to any damages that are an indirect, unforeseeable or otherwise anomalous consequence of the defect or non-performance such as, by way of example, loss of profit, financial charges, costs of business shutdown, cost of substitute equipment or services, damages or expenses deriving from third party claims against of the user.

The user expressly acknowledges that the limitations or exclusions of liability provided for in these conditions of use have been agreed as essential conditions for the provision of the services and, apart from what is expressly agreed, he waives, without reserve, any further or different reasons or remedial actions.

In the event that, regardless of the other clauses of these Terms of Use, the Company is held liable towards the user for any damage or loss arising out of or in connection with the use of the site or the contents, the Company's liability shall not may in no case exceed the total amount paid by the user as a subscription or fee for the use of any service or feature during the three months preceding the date of the initial complaint presented to the Company (excluding the purchase costs of or services).

The user acknowledges and expressly accepts that the use of the service and the diffusion and conservation of the information obtained or granted through the service is carried out at his own and exclusive risk and that the same user is solely and exclusively responsible for any damage to his computer or for the loss of data resulting from having used the service.

The user declares to have read the characteristics of the chosen service.

The user acknowledges and agrees that the Company makes no warranties of any kind, expressed or implied, of merchantability, compatibility or fitness for a particular purpose of the user or of third parties and, furthermore, makes no warranties regarding the fact that the service corresponds to the requirements and needs of the user.

The user acknowledges and agrees that the Company does not give any guarantee to him about the results that can be obtained with the use of the service, about any software and hardware errors of the service or inherent to the reliability of any information obtained by the user through the service.

Therefore the Company cannot be held responsible for any direct and/or indirect damage deriving from the use of the service or from the interruption of the functioning of the service.

The Company does not provide any guarantee regarding the products, materials, goods or services sold, purchased or otherwise obtained by the user through the website or the service or following any transactions made through the service itself.

Suspension of service

The Company reserves the right to limit, suspend and/or interrupt immediately, without prior notice, the use and/or provision of the service or to disconnect (temporarily or definitively) the user's account and this without acknowledgment of any reimbursement indemnity and/or compensation, with consequent subsequent cancellation of the user's account, if it becomes aware or determines, in its sole unquestionable judgment, that the user has carried out actions that may lead to problems, legal responsibilities or has violated or is violating the provisions of these conditions of use, as well as the legislation in force (including Legislative Decree no. 196/2003).

The Company also reserves the right to limit, suspend and/or interrupt immediately, without prior notice, the use and/or provision of the service as well as access to the site or the user's account if it becomes aware of or deems , at its sole unquestionable judgement, that one of the following circumstances has occurred or is occurring:

1. a use of the service that determines a dangerous situation or instability of the server such as to cause damage to the Company;
2. anomalous traffic or such as to prevent the normal provision of the service in favor of other customers;
3. if the public authority or other third parties communicate to the Company, or it itself ascertains, an illicit, improper use or use that does not comply with both national and international laws as well as with the rules of "netiquette" of the service by the user;
4. if the Company ascertains a use contrary to morality or public order or with the aim of causing nuisance to public or private peace, to cause offense or direct or indirect damage to anyone and to try to keep the secret of private messages in any case;
5. access to the website by unauthorized third parties or, in any case, by cds. hacker attacks;
6. ordinary and/or extraordinary maintenance of the website or IT systems or due to force majeure.

The Company also reserves the right to cancel unconfirmed or long-standing inactive accounts.

Finally, the Company will evaluate the material deemed "dubious" at its sole discretion and, after notifying the user for clarification, will decide on the suspension of the service.

In any case, the Company reserves the right to take the following actions at any time and without notice: modify, suspend or interrupt the functionality or access to the site or parts of it, for any reason; modify or change the site or parts of it and any rules or conditions relating to the site, and interrupt the functionality of the site or parts of it if this is necessary to perform ordinary or extraordinary maintenance operations, correct errors or make other changes.

Major force

The user agrees and agrees that the Company cannot under any circumstances be held responsible towards the user or third parties for the delay or non-fulfillment of its obligations due to unforeseeable circumstances or force majeure such as, by way of example and non-exhaustive, actions by public authorities, floods, fires, thefts, explosions, accidents, strikes and lockouts, including non-company ones, acts of war, embargo, impossibility of transport, suspensions or telecommunications problems, lightning, plant failures not attributable to the Company, interruptions or overloading of energy flows, breakdowns or interruptions of telephone and/or IT lines, even if not attributable to the activity of the manager (or concessionaire) of the lines themselves, as well as interruptions or suspensions not attributable to or in any case independent of to the will of the Company or deriving from third party suppliers of the Company itself.

Indemnification clause

The Company, its employees and directors, agents and executives cannot in any way be held responsible for any damages caused by the user and deriving from violations of the provisions of these Terms of Use.

In any case, the user undertakes to indemnify and hold harmless the Company as well as subjects connected or controlled by it, its representatives, employees or auxiliaries from any civil and criminal liability deriving from the use of the site, even if caused by third parties through the user's account.

Governing Law and Jurisdiction

Any question relating to access to or use of the Site, including any dispute, will be governed by Italian law and will be subject exclusively to the Italian jurisdiction, the forum of Bologna.

Miscelaneous

In the event that one or more clauses of these Terms of Use are held to be null or unenforceable, they will be limited or eliminated to the minimum extent necessary and replaced with a valid clause that best expresses the intentions of these Terms of Use, so that the same remain fully valid and applicable.

These Terms of Use represent the entire agreement between the parties with respect to your use of this site and supersede all prior agreements entered into, whether oral or written, by the parties relating to this subject matter. The Company's failure to enforce or enforce any provision of any provision shall not constitute a waiver of such provision or of the right to enforce these Terms of Use; moreover, any conduct between the Company and the user or third parties cannot in any way modify the clauses of the Terms of Use.