Terms of use of the site

INTRODUCTION

The website www.fiamitalia.it and its applications have been created by FIAM ITALIA S.r.l. (hereinafter “Company”), which is the sole registrant and therefore holder of rights. By visiting the website or using the services connected to the website, visitors are required to comply with the terms and conditions of use.

This Use Contract (hereinafter “Contract”) establishes the Terms and Conditions of Use of the website www.fiamitalia.it (hereinafter also “Site”), governing the operation of the Site, as well as access and registration by users.

The Contract also refers to the relations between the company FIAM ITALIA S.r.l., REGISTERED OFFICE: Via Ancona 1/B, 61010, Tavullia (PU); Tax Code 00335410437; VAT No. 01014250417; COMPANIES REGISTER PS 101539, Certified email fiam@cert.fiamitalia.it and all those who access the Site, as simple visitors or as registered users, as well as to the use of the services offered by the same Company through the Site.

By accessing the site, the user declares to have read and appropriately reviewed these rules which are therefore accepted and shall be complied with, as they govern the use and browsing of the site itself.

This Introduction is an integral part of these terms and conditions of use.

Art. 1- DEFINITIONS

By “FIAM ITALIA S.r.l.” or “Company”, we mean the company providing the Services offered through the website.

By “Site”, we mean the Website, with all its contents and applications, registered, commissioned and belonging to FIAM ITALIA S.r.l. and its domain-name “www.fiamitalia.it”, assigned to it, through which the services will be provided in favour of the Users.

By “Visitor”, we mean the person who visits the website or several pages of the same without carrying out any registration or adherence to the Services rendered by the Company. The use of the contents of the site is limited to the consultation of public areas, directly accessible with the connection to the web by each browsing user.

By “Commercial partners”, we mean commercial companies that collaborate with FIAM ITALIA S.r.l., i.e. those who, upon request for access credentials to the Company, can access all the contents of the Site, including those present in the Reserved Area.

Art. 2- SUBJECT

Through the website, the Company promotes and offers commercial services related to the purchase of glass furnishing elements made by FIAM ITALIA S.r.l.

It is in the Company’s interest not only to increase the number of users, as this is functional to the best operation of the Site, but also to create a vast user basin that has the opportunity to draw information from the Site as a privileged channel of communication, but also to be able to make purchases, or carry out other commercial activities related to the purchase, directly online in compliance with EU Regulation 2016/679 or GDPR and in compliance with adequate security measures, thus guaranteeing the Company the widest and greatest protection of personal data and the confidentiality of the individual user who accesses for the use, subsequently, of the commercial services.

Art. 3- CONNECTION TO THE SITE

The Site www.fiamitalia.it. is an online site accessible through the Internet.

The Company assumes no liability in case of interruptions, errors or malfunctions due to the Internet connection.

The use of an Internet connection system takes place under the sole and entire liability of the Visitor/Registered User. The Company, in fact, will not be responsible for any use of connection systems in violation of the rights recognised to the respective owners of the same.

The costs of telephone communications for connection to the Internet and, therefore, also to the Site, are the sole and exclusive responsibility of the Visitor or Registered User.

The Visitor or Registered User is also responsible for the costs related to the tools that allow access to the Internet (such as, by way of example and not limited to, the computer and the modem).

Art. 4- VISITOR, RESERVED AREA

There is a Reserved Area within the Site which can be accessed exclusively by the Commercial partners of Fiam Italia S.r.l. upon request for access credentials addressed to the Company. The Company remains extraneous to any liability for the safeguarding and confidentiality of the access credentials.

The use of the Site’s services by the simple Visitor is limited to the visit of the Site’s home page and the contents chosen at the Company’s discretion.

The Commercial partners, on the other hand, access all sections of the Site and all its contents in the manner indicated therein, subject to specific restrictions. They, therefore, can choose whether or not to access the contents present in the Reserved Area.

Art. 5- OBLIGATIONS OF THE COMMERCIAL PARTNERS

Following the acquisition of access credentials, by signing these Regulations, the Commercial partner undertakes:

to respect the general principles of the legal system, the rules of public order and morality;

not to use the Site for purposes contrary to the laws in force, to this regulation or contrary to the interests and rights of other users, of the society;

not to use the Site for fraudulent purposes;

not to access the Site with the purpose of stealing data and news relating to other Commercial partners;

not to use the Site to transmit spam, viruses, trojan horses or other similar programmes;

to promptly inform the Company of the initiation or threat of initiation of legal action of any kind by itself and/or third parties, in relation to the use of the Site;

to hold the Company harmless and indemnified from any compensatory consequence arising from a violation by the Commercial partner of the law or the terms and conditions of this contract;

not to communicate or disseminate to third parties the access credentials to the Reserved Area, these, therefore, must be safeguarded and correctly used by the Commercial partner;

not to make a substitution of identity, without consent, pursuant to art. 494 of the Italian Criminal Code also through morphing conduct;

to comply with the regulations on copyright, in accordance with current legislation.

Finally, the Commercial partners of Fiam Italia S.r.l., are absolutely forbidden to transfer or sell this Contract, as well as the rights deriving from it, to third parties.

Art. 6- SITE CONTENT

The contents of the “www.fiamitalia.it” site are intended for personal and non-professional use by the simple Visitor.

For Commercial partners, on the other hand, the agreements made in writing with FIAM ITALIA S.r.l. apply. 

All materials published on the Site (hereinafter “Contents”), in particular those relating to glass furnishing elements and other products, such as, by way of example and not all-encompassing, photographs, illustrations, audio and video recordings, publications of various kinds, etc., are protected by copyright laws and are the property of the Author, i.e. FIAM ITALIA S.r.l. or of those who legitimately hold the relative rights. The Visitor and the Commercial partners are required to comply with any additional information on the Site in relation to the intellectual property of the contents to which he or she accesses.

The services of the Site and its contents are protected by the rules on copyright in force in Italy and by international rules on copyright.

The Visitor and the Commercial partners are not allowed to change, publish, transmit, share, transfer for use for any reason, reproduce (beyond the limits specified below), rework, distribute, carry out, give access to or commercially exploit in any way the contents or services (including software) of this Site, even if only partially.

The reproduction and collection of any content for reasons other than the permitted use is expressly prohibited.

In relation to content from press agencies or other sites and possibly published on the Site, the Company, having previously communicated to the owner the publication of the content, assumes no liability for inaccuracies, errors, omissions with respect to the integrity of the information and is not liable for any consequential damages.

Art. 7- INTELLECTUAL PROPERTY RIGHTS

The contents such as, by way of example but not limited to, images, photographs, videos, documents, any drawings, figures, logos and any other material, in any format, published on the Site, including web pages, graphics, colours, schemes, tools, fonts and design of the Site, diagrams, methods, processes, functions and software, which are part of it, are protected by copyright and any other intellectual property right of FIAM ITALIA S.r.l. and other rights holders.
The reproduction, in whole or in part, in any form, of the Site and its contents is prohibited.

The Company has the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction, even partial, of the contents of the Site.

The Visitor and the Commercial partners are only authorised to view the Site and its contents, as well as all other acts of temporary reproduction, without their own economic importance, which are considered transient or accessory, an integral and essential part of the same visualisation of the site.

Art. 8- TRADEMARKS AND DOMAIN NAMES

FIAM ITALIA S.r.l. is the exclusive owner of any logos and trademarks and of any other distinctive sign that includes the wording “FIAM ITALIA S.r.l.”, including the domain name “www.fiamitalia.it”.
The Company and all other owners of all registered trademarks published on the Site, have the right to make exclusive use of the trademarks of their respective ownership.

The Visitor and the Registered User are in no way authorised, except with the express consent of the Company and any other owner of registered trademarks, published on the Site, to use these trademarks, to distinguish products or services even not similar to those of “www.fiamitalia.it” or other trademark owners.

The Company reserves the right to inhibit the illicit use of the aforementioned trademarks and names as well as to refer the matter to the competent judicial authorities in order to request compensation for damages incurred, not only for illegitimate use of the trademark, but also for acts of unfair competition online.

Art. 9- CONTENT NOTICE

The Company has taken every precaution to prevent publishing on the Site any content that describes or represents scenes or situations of physical or psychological violence or that, according to the sensitivity of the users of the Site, can be considered harmful to civil beliefs, human rights and the dignity of people, in all its forms and expressions.
However, the Company does not assume any responsibility towards the Visitor and the Registered User for the accuracy and completeness of the contents included in the Site’s form.
The Company has adopted appropriate technical and organisational measures to safeguard the security of its services on the “www.fiamitalia.it” site, the integrity of data relating to traffic and electronic communications with respect to the forms of use or knowledge not allowed as well as to avoid risks of dispersion, destruction and loss of data and confidential and non-confidential information, relating to its users, present on the site, or unauthorised access, or not in compliance with the law, to the data and information themselves (so-called Technical and organisational security measures, pursuant to art. 32 GDPR 2016/679).

Art. 10- SERVICE COSTS AND PAYMENTS

The services of the Site are free of charge.

Art. 11- LIABILITY OF THE COMPANY

The Commercial partners expressly acknowledge that the Company will not be in any way responsible if third parties illegally access the data held by the Company, in fraud to the security systems set up by the same.

This is without prejudice to the possibility that access occurs due to a serious breach by the Company.

Nor will the Company be held to any contractual or non-contractual liability if the circumstance that caused the harmful event, or the failure of the Company, was determined by a fortuitous event or for reasons of force majeure such as, by way of example but not limited to, natural events, wars, insurrections, riots, terrorist acts, strikes, inundation, earthquakes, floods, fires.

Furthermore, the Company will not be liable for any damages incurred by the Visitor/Registered User, deriving from acts and/or omissions attributable to the providers of telecommunications or Internet services, or from any defects in the equipment or services rendered by them.

The Company will not be held liable for any inability of the Visitor/Commercial partner to use the Site, if it is caused by incompatibility between the software of the Visitor/Commercial partner and that of the Company, in the event of direct telematic connections or network connections of another type, or deriving from a defect relating to the hardware, software or other equipment used by the Visitor/Commercial partner to access the site.

Without prejudice to the rights of the Commercial partners, described in these general terms and conditions of use of specific services, to which reference is made in full, the Company retains the right to:

change the technical specifications of the site;

interrupt the operation of the site for technical reasons;

change, suspend or interrupt the services, even partially, including accessibility to the database or content;

introduce restrictions on access or services, in whole or in part, without prior notice and without assuming liability for such limitation of service;

provide the Commercial partners with all the instructions they deem appropriate for the proper functioning, safety or quality of the site itself.

The Company declines any liability for the information, present on the site, and entered by the Commercial partners, who shall guarantee its accuracy and truthfulness under their own liability.

Consequently, the User will indemnify the owner of the site and all subjects to these relating, from and against any liability and prejudicial consequence, including, without exception, the legal costs defined on the basis of the professional rate incurred by the Company as a result of legal actions arising from the violation by the Commercial partner of these obligations in relation to the abuse by itself or third parties of its reserved area in violation of the guarantees provided for in this article.

The Commercial partner is in any case required to provide any and all collaboration to the publisher and the Company of the site to correctly protect its rights in relation to such legal actions. The Company reserves the right to protect itself autonomously by defending itself in court, at its own expense, without prejudice to the right to compensation to be paid by the Commercial partner.

Art. 12- TERMINATION OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE 

Pursuant to art. 1456 of the Italian Civil Code, it is expressly agreed that the contract will be terminated by right in the event of non-fulfilment of even one obligation among those contained in this contractual agreement.

Art. 13- MODIFICATION OF THE TERMS AND CONDITIONS OF USE 

The Company reserves the right to make changes to these Terms and Conditions of Use, at any time, bringing them to the attention of the interested parties through the publication of the changes on the “www.fiamitalia.it” website and/or through email. The Terms and Conditions of Use, as amended, will be applicable from the moment of publication.

The Commercial partner is required to periodically check these Terms and Conditions of Use, by accessing the site, to ensure any changes made. In any case, the use of the site and its services implies acceptance of the changes that have occurred in the meantime.

If the changes are not accepted, the Commercial partner may notify the same by sending an email to the following address privacy@fiamitalia.it, it being understood that, as mentioned, the continuation in the use of the services, following the changes made known by the Company, will be considered as acceptance of the new conditions.

Art. 14- NOTIFICATIONS  

Notifications are valid only if made: by land mail, at the registered office of FIAM ITALIA S.r.l., i.e. in Via Ancona 1/B, 61010, Tavullia (PU), or by certified email fiam@cert.fiamitalia.it

Art. 15- PRIVACY POLICY

The Privacy Policy of the Site (link), published therein, is the document in which the purposes and methods with which the Company collects and uses personal data and/or particular data are indicated in detail.

The Company undertakes to process the data and information collected confidentially and not to disclose them to unauthorised persons, nor to use them for purposes other than the purposes illustrated in the Site’s Privacy Policy.

Art. 16 – REFERENCE TO THE LAW AND JURISDICTION

For anything not provided for in this Contract, the Parties refer to the articles of the Italian Civil Code and to the specific legislation in force on the subject.

This Contract and the use of the Services offered by the Site and the Company, will be governed exclusively by Italian law. Should any dispute arise regarding the interpretation and execution of this contract, the competent court will be the Court of Pesaro.