TERMS AND CONDITIONS OF USE

1. Introduction

In this document are set forth the general terms and conditions of use of the web site corresponding to the domain name www.alducadaosta.com owned by Al Duca d’Aosta S.p.A. (hereinafter respectively referred to as the “Terms of Use” and the “Site”). All persons that are willing to surf the pages of this Site shall comply with these Terms of Use.

By accessing, using and surfing the pages of this Site you accept and agree to these Terms of Use. In order to make available these Terms of Use to the user of the Site, a link recalling this document will be showed by opening the home page www.alducadaosta.com.

Should you not want to accept these Terms of Use, you shall abstain from accessing and visiting the pages of the Site.

In addition to the above, by accessing to the Site, you implicitly acknowledge and state that you are 18 years old and that you will not use the Site or its content for illicit or otherwise unlawful purposes.

Al Duca d’Aosta S.p.A. reserves the right to change the content of this Terms of Use at any time without giving any prior notice to the users. As a consequence, you are strongly recommended to verify the Terms of Use before accessing to the content of the Site.

In the event that, by means of the Site, are offered goods and services or are made available specific contents governed by special terms and conditions published in the pages of the Site, those new terms and conditions shall prevail to the present ones.

2. Content of the Site

By means of the pages of this Site, Al Duca d’Aosta S.p.A. offers general information about its business activity and, even though the same pages are constantly verified and updated by qualified and duly authorized personnel, the relevant content must not be considered correct, complete or exhaustive.

As a consequence, should you decide to rely upon the information made available on the Site, you shall make autonomous and additional investigations about their correctness.

In this regard, Al Duca d’Aosta S.p.A. informs you that the content of the Site shall be considered “on as is basis”. This means that the content of the Site could not be proper and/or suitable for your specific purposes or interests or it could contain material whose reuse could infringe third parties’ intellectual property rights.

The Site may contain one or more links to web sites owned by third parties. Should this be the case, the hypertext connections has the only purpose to make easier your surfing on the web, being excluded any relation between the Site and the web site owned by a third party, which has no connection with Al Duca d’Aosta S.p.A.

In addition, Al Duca d’Aosta S.p.A. informs you that it has no power to modify the structure of the third web sites linked to its own and that it has no knowledge of their truthfulness, correctness and of the suitability of the relevant materials and/or information, even in the case in which there are contractual relationships between Al Duca d’Aosta S.p.A.and the third party owner of the linked site.

3. Intellectual and industrial property rights

All contents of the Site are protected under the law in force concerning copyright and industrial and/or intellectual property. For example, shall be considered as “content” of the Site the following:

  • texts;
  • photos;
  • movies;
  • databases;
  • drafts and tables;
  • slogans;
  • audio files;
  • cartoons;
  • any other kind of graphical and/or textual representation.

You shall not copy and/or reproduce, wholly or partially, the content of the Site, without the express written authorization of Al Duca d’Aosta S.p.A.

At the same time, please be aware that all trademarks, domain names, business names, trade names and trade signs made available on the pages of the Site are owned by Al Duca d’Aosta S.p.A. and/or third parties and, as a consequence, they are protected under applicable law. It is expressly forbidden to copy the mentioned signs in any form or modality without the express and written authorization of Al Duca d’Aosta S.p.A. or of the respective owners. It is also forbidden to apply for the registration of the name "Al Duca d’Aosta" under whatsoever kind of top level domain.

In addition to the above, Al Duca d’Aosta S.p.A. informs that on the pages of the Site there could be trademarks, domain names, business names, trade names and trade signs owned by third parties which have contractual relationships with the same Al Duca d’Aosta S.p.A.. The mentioned signs are protected under the applicable law like the ones owned by Al Duca d’Aosta S.p.A..

Al Duca d’Aosta S.p.A. informs that it is expressly forbidden to use all signs owned by the same Al Duca d’Aosta S.p.A. as metatags, which are, in other terms, information in “html” language that may be used to communicate information to search engines or to electronic agents in order to reach a web site different from/other than this Site.

4. Characteristics of the service1

Al Duca d’Aosta S.p.A. informs that, even though it makes its best using all innovative and cutting-edge technology in order to keep the Site constantly accessible and flawless, there could be the possibility that the same Site is not accessible and/or fitness for your computer systems nor free of errors, virus and/or other data processing malfunctions.

As a consequence, whoever accesses the Site expressly acknowledges and accepts that its use may be considered “on as available basis”.

5. Modalities of use of the Site

In addition to the provisions set forth under paragraph 3 above, Al Duca d’Aosta S.p.A. informs that the content of the Site can not be copied, reproduced, republished, loaded, transcribed, sent or marketed in any way or form, in whole or in part, without the prior written authorization of Al Duca d’Aosta S.p.A.. In any case, you are allowed to print, download and view part of the content of the Site for your personal purposes only, being excluded any professional or business purpose, provided that the mentioned material are not modified and all relevant information about intellectual and industrial property rights are not erased.

At the same time, the content of the Site shall not be released, in whole or in part, by means of communication channels like internet, television or radio or by any other mean, without the prior written consent of Al Duca d’Aosta S.p.A..

Information and materials of this Site can not be used for commercial purposes in order to create databases of any kind or type, nor be recorded, in whole or in part, on pre-existing databases both accessible by their author only and made available to third parties.

6. Linking and framing

Al Duca d’Aosta S.p.A. informs that in order to create a link with the home page of the Site (the “Home Page”) it is necessary to send by e-mail a specific request to ducawebòalducadaosta.com in which shall be specified: (a) the data concerning the person in charge of the technical aspects of management of the link (included e-mail address and phone number), (b) the data of the requesting company; (c) the address of the web site in which will be created the link with the Home Page; (d) any other additional information which may be useful in order to obtain Al Duca d’Aosta S.p.A.’s authorization.

When authorized by Al Duca d’Aosta S.p.A., the creation of a link to the Site will grant a non-exclusive and non-transferable license to use the name “Al Duca d’Aosta” in order to exclusively create a hypertext connection from the web site owned by the third party to http://www.alducadaosta.com, being excluded any other different use. In any case, Al Duca d’Aosta S.p.A. grants the possibility to create a link with the Home Page only and not with the internal pages of the Site.

Without the prior written consent of Al Duca d’Aosta S.p.A., it is forbidden to create a link to the Home Page of the Site or to the internal and/or additional pages of the Site, creating a so called “deep link”, or to get onto or make available the content of the Site in another web site, by means of the so called “framing”.

In this regard, Al Duca d’Aosta S.p.A. informs that the infringement of the provision set forth under the previous point will determine an illicit conduct that may even be qualified as unfair competition punishable according to the relevant applicable law.

7. Materials sent toAl Duca d’Aosta S.p.A.

Subject to the provisions under paragraph 11 below, the mailing of any kind of material to Al Duca d’Aosta S.p.A. by email or by means of the Site, will implicitly authorize to freely reproduce, use, make available, show, transform, make copies and distribute it to third parties without any restriction. Save the respect of the moral rights of the author, all texts, ideas, concepts, know-how and/or technical knowledge which may be contained in the mentioned material can be freely used and commercially exploited by Al Duca d’Aosta S.p.A. for whatever purpose, included but not limited to the develop, production and marketing of products which use this material or which are connected or related to it. Submitting the said material to Al Duca d’Aosta S.p.A., the user acknowledges and guarantees that he is the exclusive owner of the same material or that he has the right to freely use it and that, as a consequence, the relevant use does not infringe third party’s rights of any kind.

Considering the “open“ nature of internet, Al Duca d’Aosta S.p.A. expressly recommend not to send - by means of telecommunication channels - any material which can not be considered freely available by third parties.

8. Applicable law

These Terms of Use shall be governed by and interpreted according to Italian law.

9. Access to the Site from foreign countries

Should you access to the Site from a Country other than Italy, you shall comply with the present Terms of Use and with any applicable law in force in Italy. You also expressly guarantee that you will not use the Site and the relevant material in order to infringe the mentioned laws.

10. Amendments and integration of the Site

Al Duca d’Aosta S.p.A. reserves the right to, autonomously and at its sole discretion, substitute, add, amend and/or integrate the Site and/or the relevant material and the utilized technology at any time.

In this regard, Al Duca d’Aosta S.p.A. expressly informs that said activities could imply the permanent or temporary impossibility to access to the Site and/or to the relevant content.

11.       Data Protection

According to Section 13, Italian Legislative Decree no. 196/2003, Italian Data Protection Code, Al Duca d’Aosta S.p.A., in its quality as as data processor, informs you that your personal data provided and collected by (i) registering to the Site, (ii) executing a sale and purchase agreement with Al Duca d’Aosta S.p.A., (iii) submitting a request for information concerning goods and services offered by the same Al Duca d’Aosta S.p.A., (iv) accessing to and surfing on the Site through the so called system’s “logs”, will be processed for the following purposes:

  1. to carry out the activities necessary in order to enter into, manage and execute the sale and purchase agreement indicated under point (ii) above;
  2. to fulfil your requests submitted from time to time to Al Duca d’Aosta S.p.A. by means of the Site or by e-mail or by another communication tool;
  3. to fulfil obligations provided by Italian or European Community laws or regulations as well as by orders of competent authorities empowered by the law or by vigilance and control bodies;
  4. to send newsletters and advertising material concerning goods and services provided by Al Duca d’Aosta S.p.A..

The data processing will be carried out by means of manual, computerized and data transmission tools, applying procedures strictly related to the above mentioned purposes and, in any case, in such a way as to ensure security and confidentiality of your personal data. Furthermore, your personal data can be communicated to third parties other than Al Duca d’Aosta S.p.A., if this will be necessary in order to fulfil your requests.

Personal data will be kept in the European Community territory on servers owned by Al Duca d’Aosta S.p.A..

In relation to the above described purposes, Al Duca d’Aosta S.p.A. informs you that providing personal data is mandatory in relation to the purposes listed under points 1), 2) and 3) above. As a consequence, should you decide not to provide your personal data, Al Duca d’Aosta S.p.A. may not be able to respond to or to fuflil your request.

Considering the above, with reference to the purpose listed under point 4) above, Al Duca d’Aosta S.p.A. will ask you, from time to time, to give your consent to the relevant processing by clicking on specific fields / buttons of the Site.

Al Duca d’Aosta S.p.A. informs you that, according to Section 7, Italian Legislative Decree no. 196/2003, you have specific rights in relation to the processing of your personal data.

In particular, you have the right to obtain from the data processor or the data controller, if any, confirmation as to whether or not your personal data exist and communication of such data in intelligible form. You will be also entitled to be informed about the source of the personal data, the purposes and methods of the processing; to obtain cancellation, anonymization or blocking of personal data unlawfully processed, updating, rectification or, where interested therein, integration of the data; to object, on legitimate grounds, to the processing of your personal data.

The possible requests according to Section 7 of the Italian Legislative Decree no. 196/2003 shall be made by email and addressed to ducaweb@alducadaosta.com.

Al Duca d’Aosta S.p.A. may, from time to time, modify or update this data protection policy mainly as a consequence of changes in law provisions. Therefore, Al Duca d’Aosta S.p.A. strongly suggest you to frequently check this document.