1. GENERAL TERMS AND CONDITIONS

This website is managed by Digital Boite S.r.l., with registered offices at Via Cusani n. 5, 20121 Milan, Italy, tax ID no 03796760365, and a share capital of 100,000.00 euros (hereinafter, the “Administrator”). Access to and use of this website and the products and services available on it are subject to the following terms, conditions and notices. By using the services, you accept all of the terms and conditions, which we may update from time to time. Please check this page on a regular basis in order to view any changes made to the Terms and Conditions. Should the online terms and conditions be changed, the terms and conditions published in the following section at the time the order was placed will apply to the order.

2. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENTS

The contents of www.colmar.com, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on www.colmar.com, including the menus, web pages, graphics, colours, patterns, tools, characters and design of the website, the diagrams, layouts, methods, processes, functions and software that are part of www.colmar.com, are protected by copyright and all other intellectual property rights. The total or partial reproduction, in any form, of www.colmar.com and of its contents is strictly forbidden without the express consent in writing of Colmar. Use of www.colmar.com is restricted to viewing the website and its contents. You are, moreover, authorised to make any temporary reproductions, without economic significance per se, which are considered transitory or secondary, and an integral and essential part of the actual viewing of www.colmar.com and its contents, and any other browsing operations that are performed solely for the purpose of legitimately using www.colmar.com and its contents. You are not, however, authorised to reproduce all or part of www.colmar.com and its contents on any medium. Any reproduction must each time be authorised by Colmar or, when required, by the authors of the individual works contained on the website. These reproductions shall in any case be made for legal purposes and in observance of copyright and other intellectual property rights of the operator and of the authors of the individual works contained on the website. The authors of the individual works published on www.colmar.com have, at any time, the right to claim the authorship of their works and to oppose any distortion, mutilation or other modification of the works themselves, including any damage to the works, that compromises their honour or reputation. You undertake to comply with the copyright of the artists who have decided to publish their works on www.colmar.com or who have collaborated with www.colmar.it in the creation of new expressive and artistic forms for publication, albeit not exclusively on the website, or which form an integral part of the website. Moreover, you are not, in any case, authorised to use the contents of the website and any individual work protected by copyright and by any other intellectual property rights in any way or form. By way of example, you may not alter, or in any other way change, the contents and protected works without the consent of Colmar and, where necessary, of the individual authors of the works published on www.colmar.com.

3. TRADEMARKS AND DOMAIN

All the distinguishing marks of the products sold on www.colmar.com and present on the website are registered trademarks of their respective owners and are used on www.colmar.com solely for the purpose of distinguishing, describing and advertising the products on sale on www.colmar.com. Any use of said trademarks in violation of the law, insofar as it is unauthorised, is prohibited and is civilly and criminally punishable. You may not in any way use said trademarks or any other distinguishing marks present on www.colmar.com to gain undue advantage from the distinctive character or repute of these trademarks or in such a way as to damage them or their owners.

4. PRIVACY POLICY

Any personal information that the user provides to Colmar through this website will be subject to our Privacy Policy.

5. PERSONAL ACCOUNT

Users can decide to create an account (“Account”) on our website. Without an account, the user may be unable to access or use some functions or services offered on this website. If you wish to create an Account, you need to enter an e-mail address and a password, in addition to your name and surname, for access to your personal Account. Other optional information that users supply of their own accord after giving the relevant permission Liu Jo describes in the notice on the subject will be processed according to the Privacy Policy above. Users are liable for protecting the confidentiality of their access information and for controlling access to their account and computer. Users are liable for all activities which take place using their Account (including, by way of example but not limited to, any purchase of goods made through their personal Account), except when they inform us that the Account has been used by third parties without their consent. The user’s Account may be closed at any time and without notice if: (a) we reasonably consider that the user is using the Account in violation of these Terms of Use, (b) we reasonably consider that a third party is using the Account without the user’s consent, (c) we are forced to cancel or suspend the Account for reasons of security or maintenance.

6. SAFE PURCHASES

Every purchase on www.colmar.com is extremely secure because advanced technological and encoding systems (SSL) are used. You can also rely on the use of VeriSign certificates. To protect your credit card purchases, you will always be asked to enter your CVV code. The saving of credit cards and payments is managed by Adyen, registered office: Simon Carmiggeltstraat 6-50 –1011 DJ Amsterdamn, Netherland. Colmar uses secure connections only, as shown by the padlock symbol appearing in the browser and the prefix “https” in the address bar. Moreover, for greater security, all orders made using a credit card or debit card must be approved by www.colmar.it.

7. PROHIBITED USE

Improper use of this site is forbidden. It is prohibited to: commit or aid and abet a crime; transmit or spread viruses, trojan horses, worms, logic bombs, or publish any other material that is damaging or harmful from a technological point of view, that violates confidentiality or is in any way offensive or obscene; violate any aspect of the Services; alter data; cause disturbance to other users; violate the property rights of any party; send advertising material or other unsolicited material, commonly known as “spam”; try to influence the performance or functionality of the IT structures of this website or other sites possible to access through this website. Violation of this provision may constitute a crime pursuant to the Italian Penal Code. Colmar will report any such violations to the competent authorities and, if requested, will inform them of your identity according to the information in its possession.

8. EXCLUSION OF LIABILITY

Colmar adopts all reasonable measures necessary to ensure that this website and its Contents are free from viruses and defects, but cannot ensure that the user’s computer, hardware and software components or any data stored in or created by the computer, hardware or software component (jointly, “Equipment”) will not be damaged, corrupted, lost or sustain any other consequences following access to or use of this website and any of its Contents. Colmar recommends users to take all necessary precautions to protect their equipment when using the website or its Contents, for example by installing reliable antivirus software.

9. OUR LIABILITY

We are not liable to the user for (a) any data loss or corruption, (b) loss or damage of computer equipment, (c) any loss or damage which could not be foreseen by both parties, both the user and us, or whose occurrence was not ascertained in the event of our infringement of these Terms of Use or of our legal obligation to provide assistance to you, or (d) any loss or damage suffered by the user following their failure to adopt reasonable precautions against such loss or damage, such as for example the installation of reliable antivirus software. Nothing in these Terms of Use excludes or limits our liability to the user in the event of fraud, death or harm to a natural person caused by our negligence, or any other liability which may not be excluded or limited pursuant to current law.

10. INVALIDITY

If any part of the Terms and Conditions should be invalid (including any measure in which we exclude our liability to you), this will not affect the effectiveness of any other part of the Terms and Conditions, and all the other clauses will remain in force for all practical purposes. As far as possible, if any clause or part thereof may be deleted to make the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you accept that the clause is rectified and interpreted in such a way as to reproduce its original meaning as far as possible, to the extent permitted under law.

11. WAIVER

Even if we do not take any action in the event of a violation of these Terms and Conditions, we will still be entitled to enforce our rights and seek remedies in the event of any other violation of these Terms and Conditions.

12. APPLICABLE LAW AND PLACE OF JURISDICTION

These Terms and Conditions shall be interpreted in accordance with current Italian law. In the event of any dispute or claim associated with these Terms and Conditions, the local court of the consumer or user shall have exclusive jurisdiction over said dispute or claim. The General Terms of Sale are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005 (Consumer Code), with specific reference to the regulations governing distance contracts, and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce. We operate a complaints management procedure that attempts to resolve any disputes as soon as they arise. If you have any complaints or comments, please contact Customer Services via the Customer Care section of the website. Under Article 14 of Regulation (EU) No 524/2013 and Statutory Instrument No 500/2015 (Online Dispute Resolution for Consumer Disputes) in force since 15 February 2016, the European Commission has established an online dispute resolution platform for disputes relating to online purchases, which can be accessed here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. This ODR platform can be used to consult a list of ODR bodies, find the link to each of them, and launch an online dispute resolution procedure. Further information about the platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.about.show