Conditions of Use
1. Premise Successori Bernagozzi Srl manages and owns the website www.bernaitalia.it , which it uses to organize the sale of its products. Successori Bernagozzi S.r.l is registered with the Bologna Register of Companies with Tax ID number 00518720370 and VAT number 00512441205, with its registered and administrative offices in via dei Lanaioli BL. 11, 40050 Funo di Argelato, Bologna - ITALY. This document lists the General Conditions of use of the site corresponding to the domain name www.bernaitalia.it, owned by Successori Bernagozzi Srl (hereafter "Conditions" and "Site"), which all persons who intend to navigate on its web pages must comply with. Access to the Site and any action that involves navigation on its web pages constitutes acceptance of the Conditions, and in order to make them known to the users of the Site, a link to this document appears when opening the home page www.bernaitalia.it. In the event that the user does not intend to accept the Conditions, they can simply refrain from browsing the Site's pages. The General Conditions of Sale do not govern the provision of services or the sale of products by any party other than Successori Bernagozzi Srl that may be present on the site (for example through links, banners, etc.). Therefore, Successori Bernagozzi Srl is not responsible for the provision of services by third parties or the conclusion of e-commerce transactions between Successori Bernagozzi Srl's customers and third parties. In addition, anyone who accesses the Site implicitly declares being of age and not using it and the material contained therein for any illicit purposes or otherwise in violation of applicable law. The Conditions may be modified by Successori Bernagozzi Srl at any time without prior notice to the users and without prejudice to the users' obligation to periodically review them before accessing the Site's contents. In the event that the Site's web pages offer goods or services or present contents subject to specific terms and conditions contained in such pages, those terms and conditions will prevail over these Conditions. The official language for concluding the contract with Successori Bernagozzi Srl is Italian: any texts in other languages are therefore only ancillary to those in Italian.
3. Intellectual and industrial property rights All the Site's contents are protected by current copyright and industrial and/or intellectual property laws. For example and without limitation, Site "content" means, inter alia:
charts and tables;
drawings, animated or otherwise;
any graphic and/or text representation in general
in any published format, including the menus. Therefore, the contents of the Site may not be copied and/or reproduced in whole or in part without the express written permission of Successori Bernagozzi Srl, which has the exclusive right to authorize or prohibit the direct or indirect reproduction, temporary or permanent, in any manner or form, in whole or in part, of the site and its contents. At the same time, please note that all trademarks, domain names, company names, firms and banners on the Site are owned by third parties or by Successori Bernagozzi Srl and are therefore protected by the applicable industrial property law. It is therefore absolutely prohibited to reproduce them in any form or manner without the express written permission of Successori Bernagozzi Srl or, where applicable, by the relevant rights holder. Registering the name "bernaitalia.it" and "bernaitalia.com" under any top-level domain is also prohibited. In addition, please note that the Site pages might contain trademarks, domain names, company names, companies and banners owned by third parties with which Successori Bernagozzi Srl has various types of collaborative relationships, which enjoy the same protection afforded to the trade dress of Successori Bernagozzi Srl by the relevant current regulations. Successori Bernagozzi Srl owns the registered trademarks Berna published on the Site. Finally, Successori Bernagozzi Srl is the exclusive owner of the logos and the registered trademark "Berna" and the domain names "www.bernaitalia.it" and any other distinguishing mark that includes the word "bernaitalia.it", including the domain name "bernaitalia.it". Succesori bernagozzi Srl therefore makes it known that it absolutely prohibits the use of all the trade dress of Successori Bernagozzi Srl as metatags, that is to say, as html language commands which, though not displaying or formatting a certain command, provide in any case instructions to electronic agents or search engines to increase the availability of a site other than those ascribable to Successori Bernagozzi S.r.l.
4. Features of the service - Limitation of liability and exclusion of warranty While adopting all the most innovative and state-of-the-art solutions to ensure that the Site is constantly accessible and free of defects of any kind, Successori Bernagozzi Srl makes it known that the Site may not be accessible and/or compatible with the computer systems used to access it, or free of errors, viruses and/or other computer malfunctions. Consequently, anyone who accesses the Site acknowledges and agrees expressly that its use should be understood on an "as available" basis. Successori Bernagozzi Srl declines all liability for any problems, damages or risks that the user may encounter while using the site. While complying with international standards for the Internet, Successori Benrgaozzi Srl cannot guarantee the full protection of its site from viruses or any malicious elements. Successori Bernagozzi Srl declines any liability for any malfunction related to the deactivation of cookies in the user's browser. Successori Bernagozzi Srl reserves the right to review, update and rectify the terms and conditions contained in this legal notice, whenever it deems it appropriate, without prior notice. The user is required to comply with the terms of this legal notice and to access this section periodically to check for any updates, amendments and corrections.
5. How to use the Site In addition to the provisions of paragraph 3 below, Successori Bernagozzi Srl makes it known that the contents of the Site may not be copied, reproduced, republished, uploaded, transcribed, transmitted or distributed, in whole or in part, in any manner or form, without the prior written authorization from Successori Bernagozzi Srl, except for printing, downloading and displaying part of the Site content for purely personal and non-commercial purposes and on condition that the material in question has not been modified in any way and all intellectual property and/or industrial rights marks are retained. At the same time, the content of the Site may not, in whole or in part, be disseminated through communication channels, such as the Internet, television, radio or any other kind of system without prior written permission from Successori Bernagozzi Srl. The information and materials contained on the Site may also not be used for commercial purposes in order to establish databases of any kind, nor be filed (in whole or in part) in pre-existing databases, be they accessible only by its creator or made available to third parties.
6. Linking and Framing Successori Bernagozzi Srl informs that in order to create a link to its home page currently available at https://www.bernaitalia.it/ (the "Home Page"), a request must be sent by email to email@example.com, specifying: (a) the details regarding the person responsible for the technical aspects of managing the link (including email address and telephone number); (b) the details of the applicant company; (c) the web address of the site where the link to the Home Page will be created; (d) the purpose of creating the link; (e) any further information deemed useful in order to obtain authorization from Babylon Srl. If authorized by Successori Bernagozzi Srl, the creation of a link to the Site grants a non-exclusive and non-transferable license to use the "Berna" name and trademark for the sole and exclusive purpose of creating a hyperlink from the site owned by the third party to http://www.bernaitalia.it, expressly excluding any other use. In any case, Successori Bernagozzi Srl only grants the option of creating a link to its Home Page and not to the Site's internal pages, maintaining the full and complete ownership and availability of the “Berna" trademark and its home page http://www.bernaitalia.it. Without the prior written permission of Successori Bernagozzi Srl, it is in no way permitted to create links to the Site Home Page or to the internal and/or ancillary pages of the Site, thus creating a so-called "deep link", nor hook or present the contents of the Site within another Website, thus creating a so-called "framing". Successori Bernagozzi Srl reserves the right to take legal action against any unauthorized link to the homepage http://www.bernaitalia.com or to internal/ancillary pages of the Site and/or against any "framing". In this respect, the violation of the previous paragraph's provisions also constitutes a conduct that can be prosecuted as unfair competition, governed by the relevant rules in force.
7. Material sent to Successori Bernagozzi Srl Subject to the provisions of Article 11 below, sending any material to Successori Bernagozzi Srl, by email or through the Site, shall constitute express permission for it to be freely reproduced, used, disclosed, displayed, processed, used to make copies, and distributed to third parties without any limitation or prior authorization. Likewise, while respecting the author's moral copyright, all texts, ideas, concepts, know-how and/or technical knowledge that may be contained in the material in question may be freely used and exploited economically by Successori Bernagozzi Srl for any purpose, including, but not limited to, the development, production and marketing of products that use such material or any related material. By submitting the material to Successori Bernagozzi Srl, the user declares and warrants being its sole proprietor, or having obtained the right to freely use it, thereby completely excluding the risk that its use may result in a violation of any kind by third parties. Given the "open" nature of the Internet, Successori Bernagozzi Srl expressly recommends not transmitting through electronic channels any material that the user does not consider freely usable by third parties.
8. Content warning Successori Bernagozzi srl makes information available on the site to provide a service to its customers, but declines any responsibility for any technical or factual inaccuracies and/or typographical errors. These will be corrected immediately after being reported. Successori Bernagozzi srl reserves the right to make corrections and changes to the site whenever it deems it necessary and appropriate, without any duty to give prior notice. Successori Bernagozzi Srl undertakes to avoid publishing on the website any contents that portray scenes or situations of physical or psychological violence or that may be considered prejudicial to civil beliefs, human rights and personal dignity, in all its forms and expressions. Successori Bernagozzi Srl also strives to ensure that its contents contain correct and/or updated information as of the date of publication on the website, and subsequently, as far as possible. However, Successori Bernagozzi Srl does not assume any responsibility for the accuracy and completeness of the published content, without prejudice to its liability for wilful misconduct and gross negligence and wherever otherwise provided by law.
9. Applicable law The Conditions are governed by Italian Law and must therefore be interpreted by applying such legislation. By accessing www.bernaitalia.it, users agree to accept that all issues related to the use of the site are subject only to the law in force in the Italian State. The General Conditions of Sale govern the relations associated with the purchaseof products made through the Site. For matters not expressly governed by these General Conditions of Sale, please refer to the provisions of Italian law, and in particular:
Italian Legislative Decree no. 114 concerning the reform of the commercial sector regulations
Italian Legislative Decree 22 May 1999 no. 185 on the protection of consumers in regards to remote contracts
Italian Legislative Decree 2 February 2002 no. 24 on certain aspects of sales and consumer guarantees
Italian Legislative Decreet 9 April 2003 no. 70 on certain aspects of electronic commerce.
Italian Legislative Decree 30 June 2003 no. 196 with the code on the protection of personal data.
In the event of disputes between Successori Bernagozzi Srl and the end user, the Court of Bologna has jurisdiction.
10. Access to the Site from abroad Anyone accessing the Site from a country other than Italy is required to comply with the Conditions and laws in force in this country and expressly guarantees that they will not use the Site and the material contained therein to violate any of the aforementioned laws. Successori Bernagozzi Srl does not provide any guarantee that the information published on the site will be in accordance with the laws of the country of residence of the user and/or customer: access to site content is therefore strictly prohibited from countries where the contents and their use is illegal. Users who choose to access the site from these countries are aware of theconsequences and legal risks they face and will be solely responsible for violating local laws
11. Changes or additions to the Site Successori Bernagozzi Srl advises that it may at any time, in full autonomy and at its own discretion, substitute, add, modify and/or supplement the Site and/or the material contained therein as well as the technology used. In this regard, Successori Bernagozzi Srl expressly states that such activities may result in a temporary or permanent inability to access the Site and/or its content. Successori Bernagozzi Srl will do its utmost to ensure continuous access to its website, but the dynamic nature of the Internet and its contents may cause suspensions, interruptions or gaps also due to the necessity of updating the website. For any problems encountered while using our website, the user should contact us by email at firstname.lastname@example.org Similarly, however, the user may want to contact his/her Internet Service Provider or check that every Internet connection device and web content access is properly activated, including the Internet browser. Successori Bernagozzi Srl has adopted adequate technical and organizational measures to safeguard the security of its services and the integrity of traffic and electronic communications data against any form of unauthorizeduse. The same precautions have been taken to avoid the risks of dispersal, destruction and loss of confidential and non-confidential information and data about its users, or of unauthorized or illegal access to the data and information.
12. Protection of personal data According to Article 13 of Italian Legislative Decree 196/2003, which regulates the protection of personal data, Successori Bernagozzi Srl, as the "Data Controller" of the processing, informs the user that the personal data provided and acquired at the time of (i) registration on the Site, (ii) conclusion of a purchase contract with Successori Bernagozzi Srl, (iii) the request for information on the products and services offered by that company, whether in writing or verbally through any means of communication, (iv) when navigating the Site through the so-called system logs will be processed for the following purposes:
. for Successori Bernagozzi Srl to perform the activities necessary for the conclusion, management and execution of the contracts for the purchase of products through the Site;
. for purposes strictly connected and/or necessary to satisfying the requests formulated at any given time by the user through the Site or by email or other means of communication;
. for purposes related to the obligations laid down by laws, regulations and Community legislation and by provisions issued by authorities legally authorized by law or by supervisory and control bodies;
. sending newsletters and promotional material regarding the services and products offered by Successori Bernagozzi Srl, whether they are published on the Site or not.
In relation to the purposes set out above, the processing of personal data is done through manual, computer and data transmission tools with methods strictly related to the purposes in question and, in any case, so as to guarantee the security and confidentiality of the data. In addition, if it is necessary to satisfy and process user requests, the latter's data may be communicated to companies other than Successori Bernagozzi Srl, without any prior authorization from the user. The data will be kept within the EU, on servers specially dedicated to this service by Successori Bernagozzi Srl. In regards to the above purposes, Successori Bernagozzi Srl informs that the disclosure of the data is mandatory for purposes 1), 2) and 3), and in such cases the consequence of a refusal to provide the data will result in Successori Bernagozzi Srl being unable to meet the users' requests. In view of the above, with reference to the processing referred to at item 4) Successori Bernagozzi Srl informs that by (i) registering on the Site, (ii) completing the online order and concluding the purchase contract, (iii) requesting information on the products and services offered by Successori Bernagozzi Srl, whatever the form and means by which this request is sent by the user to the company; (iv) navigating on the Site through the system logs, the Customer expressly gives his/her consent and accepts the simultaneous subscription to the newsletter for receiving promotional material concerning the products and services offered by Successori Bernagozzi Srl, without the latter having to request every time the user's consent to carry out this type of processing. By virtue of the above paragraph, Successori Bernagozzi Srl will be implicitly authorized by the user to send newsletters and promotional material relating to the services and products offered by Successori Bernagozzi Srl without the need for any further and prior request for the user's authorization when the latter (i) registers on the Site, (ii) concludes a purchase agreement with Successori Bernagozzi Srl, (iii) requests information on the products and services offered by Successori Bernagozzi Srl, both in written and verbal form, through any means of communication, iv) navigates in the site through the system logs. Finally, Successori Bernagozzi Srl informs that Article 7 of Italian Legislative Decree 196/2003 grants specific rights to users who provide theirpersonal data. In particular, the user may obtain confirmation from the data controller or the possible data supervisor regarding the existence of his/her own personal data and that such data be made available in an intelligible form. The interested partymay also ask to: know the origin of the data as well as the logic and the purposes of the processing; obtain the deletion, transformation into anonymous form or blocking of data processed in violation of the law, as well as the updating, correction or, if interested, the supplementation of the data; oppose the processing for legitimate reasons. The user may exercise his/her rights under Article 7 of Italian Legislative Decree 196/2003 by sending an email message to the following address: email@example.com To become aware of any changes or amendments to the privacy policies followed by Successori Bernagozzi Srl, mainly due to regulatory changes, the user should constantly consult this document.