1. GENERAL INFORMATION

1.1. These terms and conditions of use (hereinafter “General Terms and Conditions of Use”) govern access to and use by visitors and/or users (hereinafter individually the “User”, collectively the “Users”) of the website with the domain name www.pettenon.it (hereinafter the “Site”).

1.2. The Site is owned by Pettenon Cosmetics S.p.A. SB, with registered office in via del Palù, 7/D, 35018 – San Martino di Lupari (PD), VAT no. 04937500280 (hereinafter “Pettenon”), which is also the owner of the domain name.

1.3. For any request for clarification, assistance, reports and/or complaints regarding these General Terms and Conditions of Use and/or the Site, the User may contact Pettenon using the contact details available on the Site’s contact page.

2. SCOPE OF APPLICATION

2.1. These General Terms and Conditions of Use govern access to and use of the Site, including the viewing of the related web pages. By accessing and using the Site, the User declares that they are aware of and accept without limitation these General Terms and Conditions of Use; therefore, before starting to use the Site, including the related web pages, or even in the event that they are directed to the Site from another source (such as an Internet search engine, a third-party website and/or social networks), the User is required to be aware of and accept the General Terms and Conditions of Use.

2.2. If the User does not intend to accept these General Terms and Conditions of Use, it will not be possible to use the Site.

3. USE OF THE SITE

3.1. Access to and use of the Site, including viewing web pages, is intended only for Users who are at least 18 years old and qualify as Consumers or Professionals (as defined in the General Terms and Conditions of Sale available at the link General Terms and Conditions of Sale). By using the Site, the User declares and guarantees that they are of legal age, that they are a Consumer or a Professional and that they have the legal capacity required by law to accept the General Terms and Conditions of Use, undertaking to comply with their provisions.

3.2. By using and browsing the Site, the User agrees not to:
(i) disseminate offensive, unauthorized, defamatory content, content that violates privacy or image rights, or that incites violence, racial or ethnic hatred;
(ii) publish promotional or advertising content;
(iii) engage in unlawful activities, including but not limited to infringing software rights, trademarks, photographs, images, texts, videos, etc.

3.3. The services provided by the Site must under no circumstances be used in a way that causes interruptions, damage or malfunctions to the Site and its functionalities, nor to commit unlawful acts or acts contrary to the law. Pettenon reserves the right to prevent access to the Site, suspend or close the User’s account and remove or modify the Site’s content in the event of violations of legal provisions, these General Terms and Conditions of Use and any additional applicable notices and policies.

4. LIMITATION OF LIABILITY

4.1. Browsing the Site is free of charge and access is unrestricted. The User is solely and exclusively responsible for any improper use of the Site, in violation of these General Terms and Conditions of Use and applicable laws, as well as for any content viewed, consulted, duplicated, copied, downloaded, inserted, etc. through the Site. Without prejudice to Pettenon’s liability for willful misconduct or gross negligence, the User shall indemnify Pettenon for any loss or damage suffered due to the breach of any of the conditions set forth in this section.

4.2. Pettenon has adopted appropriate technical and organizational measures to safeguard the security of the services provided, also in order to prevent risks to the personal data processed (with reference to this point, see the Privacy&Cookie Policy of the Site). Furthermore, measures are in place to ensure that the Site’s content is accurate and does not contain incorrect or outdated information. However, Pettenon assumes no responsibility towards the User for the accuracy and completeness of the published content, reserving the right to update and/or modify the Site’s content at any time without incurring any liability.

4.3. Pettenon provides no warranty in relation to the Site or its contents, such as, for example, any guarantees of continuity and assistance, guarantees in case of interruptions, including those due to maintenance or updating activities, or malfunctions or security errors, including those resulting from potential harmful cyber-attacks. To the fullest extent permitted by applicable law, the User therefore agrees to hold Pettenon harmless from any liability, on any grounds, for any possible damages, whether direct or indirect, resulting from or connected to the use of the Site – or the use of any linked websites – such as, for example, in the event of Site malfunction, error, omission, service interruption, delayed operation or transmission, defect, malfunction of the line or system (hardware or software), issues related to providers or telephone and/or telematic connections, viruses or malware and, in general, damages resulting from the failure and/or defective functioning of the User’s electronic equipment.

4.4. Pettenon declares to the User, who acknowledges this, its complete lack of involvement with any other third-party websites that may be accessed through links on the Site, and disclaims all liability for damages of any kind and nature suffered by the User in relation to the management of such sites, their content and their availability for use.

5. INTELLECTUAL PROPERTY

5.1. All content on the Site, including but not limited to logos, trademarks, texts, information, data, images, photographs, illustrations, multimedia content (graphics, audio and video), descriptions, layout, software, HTML codes and screens, as well as other similar content (hereinafter collectively the “Content”), is protected by copyright and other intellectual or industrial property rights, as well as other exclusive rights, related to any content of the Site, which belong to or are licensed to Pettenon by their respective owners.

5.2. It is understood that the User may not in any way download, extract, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell Content taken from the Site.

5.3. The User agrees to indemnify and hold Pettenon harmless from any legal action, claim, demand by third parties and related damages and expenses, including legal costs, arising from or connected to any improper and/or unlawful use of the Site and/or its Content by the User. Any reproductions, subject to prior written authorization by Pettenon, must be carried out for lawful purposes and in compliance with copyright and other intellectual property rights.

5.4. Pettenon reserves the right to take action in the appropriate venues to protect its rights and interests in the event of unauthorized use, reproduction or any other use of the Site or its Content.

6. PRIVACY

6.1. Within the scope of these General Terms and Conditions of Use, Users’ personal data will be processed by Pettenon, as Data Controller, in compliance with Legislative Decree no. 196/2003 as amended and EU Regulation 2016/679, as indicated in the Site’s Privacy&Cookie Policy.

7. CHANGES TO THESE GENERAL TERMS AND CONDITIONS OF USE AND/OR TO THE SITE

7.1. Pettenon reserves the right to revise these General Terms and Conditions of Use at any time, updating and/or modifying them at its sole discretion, without prior notice, and therefore invites the User to periodically consult and carefully read the aforementioned General Terms and Conditions of Use before continuing to access or use the Site.

7.2. Any updates and/or modifications to the content of the Site and/or the General Terms and Conditions of Use shall be binding from the moment they are published on the Site.

7.3. If any provision of these General Terms and Conditions of Use is found to be invalid, null or otherwise unenforceable, the remaining provisions shall remain fully valid and effective.

8. APPLICABLE LAW AND JURISDICTION, OUT-OF-COURT DISPUTE RESOLUTION – ALTERNATIVE DISPUTE RESOLUTION (ADR)

8.1. These General Terms and Conditions of Use are governed by Italian law, with the express exclusion of the so-called Vienna Convention.

8.2. In the case of a Consumer User, any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Use shall fall under the jurisdiction of the court of the place where the User resides or has elected domicile. This is without prejudice to the application, to Consumer Users who do not have their habitual residence in Italy, of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence.

8.3. In the event of disputes with Consumer Users for which no amicable solution has been found, Pettenon will provide information regarding Alternative Dispute Resolution bodies for out-of-court dispute resolution (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code).

8.4. It is also noted that the European Commission provides a platform for online dispute resolution for Consumers (the so-called ODR platform), accessible at the following address https://consumer-redress.ec.europa.eu/index_it.

8.5. A Consumer User residing in a Member State of the European Union other than Italy may also access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Use, the European procedure established for small claims by Council Regulation (EC) no. 861/2007 of 11 July 2007 and subsequent amendments, provided that the value of the dispute does not exceed, excluding interest, rights and costs, Euro 5,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

8.6. In the case of a Professional User, any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Use shall fall under the jurisdiction of the Court of Padua.