Legal terms & conditions

Masque Srl terms and conditions

Effective Date: September 1, 2018

Masque Srl (“Masque Milano”, “we”, “us”, or “our”) provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT MAY APPLY TO YOU. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site or register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

1.Privacy

Please review our Privacy Policy for details about our personal information practices.

2.Products and Services for Personal Use

The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

3.Purchase Related Policies and Procedures

To make a purchase on the Site, you must be 18 years old or the age of majority in your jurisdiction of residence. To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), please review our Terms of Sale.

4.Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Site. however, to the extent permitted by applicable law (which may not include Quebec), WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

This Site may contain typographical errors or inaccuracies and may not be complete or current. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

5.Intellectual Property

All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Masque Srl, our parents, subsidiaries, affiliates, partners or licensors, and is protected by Italian law. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

6.Limited Licenses; Use Restrictions

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:

  • frame or utilize framing techniques to enclose the Site or any portion thereof;

  • use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;

  • make any use of the Site or any Content other than for personal use;

  • modify, reverse engineer or create any derivative works based upon the Site or any Content;

  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;

  • “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;

  • intentionally violate any applicable local, state, national or international law;

  • transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;

  • engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”

7.Your Obligations and Responsibilities

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law.

8.Your Account

Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. If you do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

9.Third Party Links

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or our partners of the referenced content, product, service, or supplier.

10.Special Features, Functionality and Events

The Site may offer certain special features, functionality, offerings or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

 

11.User Content

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, when you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, reviews, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner (including through the “Contact Us” form or ratings and review submissions), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.

You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not control the User Content transmitted or posted on the Site by you or others and therefore, we do not guarantee the accuracy, integrity or quality of User Content transmitted or posted on the Site by you or others.

12.Copyright Infringement Notices

We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges of users who are repeat infringers of intellectual property rights. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to [email protected] for notices of infringement and provide the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed.

  • Identification of the copyrighted work(s) that you claim has been infringed

  • A description of the material that you claim is infringing and the location of that material on the Site.

  • Your address, telephone number and email address.

  • A statement by you that you belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  • A statement by you, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

13.Disputes

With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Milan, Itaaly.

14.Consent to Receive Notices Electronically by Posting on the Site and Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at in[email protected] and discontinue your use of this Site.

Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):

The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.