Terms & conditions of use
Welcome to our website (“www.missonistore.com”, the “Site”). Access to and use of the Site are activities governed by these terms and conditions of use (the “General Terms and Conditions of Use”). Access to and use of the Site as well as the purchase of products on the Site presuppose the reading, knowledge and acceptance of these General Terms and Conditions of Use. This Site is managed and maintained by Missoni S.p.A. (“Missoni” or the “Provider”), a company having its registered office in Italy, via Luigi Rossi 52, 21040, Sumirago (VA), Taxpayer and VAT ID number and registration number with the Companies’ Register of Varese 00213650120, Share Capital Euro 6,537,143.08 fully paid up.
By accessing the Site and accepting these General Terms and Conditions of Use, you will be considered a user of the Site (the “User”).
These General Terms and Conditions of Use were most recently updated on March 15th, 2023.
Access to and use of the Site, including viewing the web pages, communicating with Missoni, downloading product information and purchasing products on the Site, constitute activities carried out by our users exclusively for personal purposes unrelated to any commercial, entrepreneurial or professional activity. Remember that you will be the only person solely responsible for your use of the Site and its contents. Missoni shall not be made liable for the use of the Site and its contents by any of its users that does not comply with the laws in force, without prejudice to Missoni’s liability for wilful misconduct and gross negligence. In particular, you shall be solely and exclusively liable for the communication of incorrect or false information and data, or information and data relating to third parties without them expressing their consent, as well as in consideration of any incorrect use thereof.
Finally, since all material will be downloaded or otherwise obtained through the use of the service at the User’s choice and risk, any liability for any damage to computer systems or loss of data resulting from downloading operations lies squarely with the User and cannot be attributed to Missoni. Missoni accepts no responsibility or liability whatsoever for any damage resulting from inaccessibility to the services on the Site or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of content, problems connected to the network, providers or telephone and/or telematic connections, unauthorised access, data corruption and failure or malfunction of the electronic equipment of the user.
The User is responsible for safekeeping and correct use of his/her own personal information, including the credentials that allow access to the reserved services, as well as for any damaging consequence or harm that may be suffered by Missoni or third parties as a result of the incorrect use, loss or theft of such information.
2. INTELLECTUAL PROPERTY RIGHTS
The contents of the Site, such as, but not limited to, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colours, diagrams, tools, fonts and the design of the Site, the diagrams, layout, methods, processes, functions and software that are part of the Site, are protected by copyright and any other intellectual property rights of Missoni and of the other owners of such intellectual property rights. The reproduction, in whole or in part, in any form whatsoever, of the Site and its contents is prohibited unless express consent is provided by Missoni in writing. Missoni has the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Site and its contents. With regard to the use of the Site, each User is only authorised to view the Site and its contents. Each User is, moreover, only authorised to perform all those temporary acts of reproduction, devoid of any economic significance of their own, which are considered transient or incidental, and an integral and essential part of the very display of the Site and its contents, and all other browsing operations on the Site that are performed only for a legitimate use of the Site and its contents. Conversely, the User is not authorised to make any reproduction, on any medium whatsoever, in whole or in part of the Site and its contents. Any act of reproduction must be, from time to time, authorised in writing by Missoni or, if necessary, by the authors of the individual works contained on the Site. Such reproduction operations must in any case be carried out for lawful purposes and in compliance with the copyright and other intellectual property rights of Missoni and of the authors of the individual works contained on the Site. The authors of individual works published on the Site have, at any time, the right to claim paternity of their works and to object to any distortion, alteration or other modification of the works themselves, including any damaging act to the works, that are detrimental to their honour or reputation. Each User, by accessing and/or using the Site, undertakes to respect the copyrights and other intellectual property rights of the artists who have chosen to publish their works on the Site or who have collaborated with the Site in the creation of new forms of expression and art intended for publication, even if not exclusively on the Site or, again, forming an integral part thereof. Furthermore, no User is, under any circumstances, authorised to use, in any manner or form whatsoever, the contents of the Site and/or any individual work protected by copyright and by any other intellectual property right. By way of example but not limited thereto, no User may alter or otherwise modify the contents and/or protected works without the written consent of Missoni and, where necessary, of the individual authors of the works published on the Site.
3. TRADE MARKS AND DOMAIN NAMES
All distinctive marks that distinguish the products sold and/or present on the Site are registered trade marks of their respective owners and are used within the Site for the sole purpose of distinguishing, describing and advertising the products for sale on the Site. Missoni and all other registered trade mark owners have the right to make exclusive use of the trade marks they own. Any use of these trade marks not in accordance with the law is prohibited and carries serious legal consequences. It is in no way permitted to use these trade marks and any other distinctive mark present on the Site in order to take unfair advantage of their distinctive character or of the reputation of these trade marks or in such a way as to cause harm to them and their owners.
4. LINKS TO OTHER WEBSITES
5. LINKS TO THE SITE
Anyone interested in activating links to the home page and other publicly accessible web pages on the Site is requested to contact Missoni at the following email address: firstname.lastname@example.org. This procedure is necessary to activate the request for consent to place a hypertext link to the Site. The activation of links is granted in writing by Missoni to the applicant, free of charge and on a non-exclusive basis. Missoni has the right to oppose the activation of direct links to its website in the event that the requesting party, which intends to activate the link to the Site, has in the past adopted unfair trading practices or practices that do not conform to industry practices, or acts of unfair competition against Missoni, or whenever Missoni fears that such conduct may be adopted in the future, or when the requesting party has in the past adopted, or one fears that it may adopt such actions in the future, actions that discredit Missoni, its Site or its services. In any case, the activation of deep hypertext links (such as deep frames or deep links) to the Site or the unauthorised use of meta-tags is prohibited without the written consent of Missoni.
6. WARNING ABOUT CONTENT
Missoni has taken every precaution to prevent the publication on the Site of content describing or representing scenes or situations of physical or psychological violence or such that, according to the sensitivity of the Site users, may be considered harmful to civil beliefs, human rights and the dignity of persons, in all its forms and expressions. In any case, Missoni does not guarantee that the contents of the Site are appropriate or lawful in other countries outside of Italy. However, should such content be deemed unlawful or illegal in some of these countries, the User is kindly requested to refrain from browsing our Site and should he/she choose, in any case, to continue, the use that he/she decides to make of the services provided by the Site will be under his/her sole and personal responsibility. Missoni has also taken every useful precaution to assure its Users that the contents of the Site are accurate and do not contain incorrect or out-of-date information, with respect to the date of their publication on the Site and, as far as possible, also thereafter. However, Missoni accepts no responsibility towards Users for the accuracy and completeness of the content published on the Site, without prejudice to its own liability for wilful misconduct and gross negligence and unless otherwise provided for by the legislation applicable from time to time in Italy. Furthermore, Missoni cannot guarantee to users that the Site will operate continuously, without interruptions and/or without errors or malfunction due to the Internet connection. If you experience any problems using our Site, please contact Customer Service. One of our operators will be available to provide assistance and to help restore access to the Site, if this is possible. Likewise, you should contact your own Internet service provider or check that each device for connecting to the Internet and accessing web content has been correctly activated, including your Internet browser. Although Missoni will endeavour to make every effort to ensure continuous access to its Site, the dynamic nature of the Internet and its contents may not allow the Site to operate without any suspensions, interruptions or irregularity due to the need to make updates to the Site. Missoni has adopted appropriate technical and organisational measures to safeguard the security of its services on the Site, the integrity of traffic data and electronic communications against unauthorised use or acquisition, and to avoid the risks of dispersion, destruction and loss of data and confidential and non-confidential information relating to its users on the Site, or unauthorised or unlawful access to such data and information.
7. OUR TRADING POLICY
Missoni has adopted a specific trading policy. Its mission is to sell products through its services and its Site solely to “end consumers” with the meaning of natural persons acting on the Site for purposes unrelated to any commercial, entrepreneurial, handicraft or professional activity that they may perform. No Users who are not end consumers may use our services to purchase products on the Site. If the contrary occurs, Missoni shall have the right not to take into consideration any purchase orders from Users who are not end consumers and any other purchase order that does not comply with the General Terms and Conditions of Sale (available at the following link) and/or these General Terms and Conditions of Use.
8. LIMITATION OF LIABILITY
Missoni shall under no circumstances be held liable to the User for any indirect, incidental, special or consequential damage resulting from the use of the Site and browsing within it. This includes, by way of example but not limited thereto, any loss of earnings or other indirect damage resulting from the User’s use of the Site or the User’s incapacity and/or impossibility to use it. This limitation of liability shall apply to the fullest extent permitted by law.
9. GOVERNING LAW AND DISPUTE RESOLUTION
These General Terms and Conditions of Use are governed by and shall be construed in accordance with Italian law and, in particular, with Legislative Decree No. 206 of 6 September 2005 (the Italian Consumer Code), as amended from time to time. In the event of disputes arising from the General Terms and Conditions of Use between Missoni and each User, the User is also informed that the European Commission provides a platform for out-of-court alternative dispute resolution, accessible at http://ec.europa.eu/odr for Users living in the territory of the European Union, Norway, Iceland and Liechtenstein.