T.O.S. S.r.l.s. with registered office in Comiso (RG), via delle ginestre, 37 – 97013 T.O.S. S.r.l.s. is the owner of the contents as well as responsible for the management of the website https://www.buongourmet.com/it/it (alone “Site” or collectively “Sites”) and of the related sub-pages which can be accessed through the Site.
1. Acceptance of the conditions of use.
T.O.S. S.r.l.s. with registered office in Comiso (RG), via delle ginestre, 37 – 97013 T.O.S. S.r.l.s. is the owner of the contents as well as responsible for the management of the website https://www.buongourmet.com/it/it (alone “Site” or collectively “Sites”) and of the related sub-pages which can be accessed through the Site. 1. Acceptance of the conditions of use. Your access and related use of the Sites, as a user, is subject to the following conditions of use (the “Terms of Use”). It follows, therefore, that by accessing and using the Sites, you expressly agree to be bound by these Terms of Use and to comply with applicable laws. Otherwise, in the event of non-acceptance of these Terms of Use, without limits or reservations, you will not be able to use the Sites. In any case, T.O.S. S.r.l.s. may modify these Terms of Use at any time and at its sole discretion, by updating this information; in this case, you will be bound by each of the revisions made by T.O.S. S.r.l.s .. We therefore recommend that you periodically visit this page in order to stay updated on the current Terms of Use to which you are bound. 2. Use of the Sites The Sites, and their respective contents, are intended for personal use only and not of a commercial nature; you will therefore not be able to use the Sites, and its related contents, in the context of a commercial activity. To access the Site, you must be aged 14 (fourteen) or older; however, depending on what is appropriate, or legally permitted by applicable laws, some contents and / or features of the Site may be subject to different restrictions related to the user’s age. In the event of application of the additional restrictions referred to above by T.O.S. S.r.l.s. you will be duly informed and will be subject to a specific age check. By accessing the site or using some of its features, you expressly declare that you are of the age permitted by applicable law in order to be able to accept the following Terms of Use or, if you are under the age of 14 (fourteen) years, that you have obtained the consent of the parents or legal guardian. 3. Content and intellectual property and conditional use of the contents. The contents and any other material present on the Site – including, without limitation, copyright and other intellectual property rights relating to works of art, graphics, photographs, texts, videos and audio clips, trademarks and logos (the “Contents” ) – are the exclusive property of TOS S.r.l.s. and / or one of its affiliates. You can access and use a Site, and its contents, from now on only for personal purposes, and not of a commercial nature, and / or for your entertainment. By way of example only and not exhaustive, however, you are not allowed in any way: (i) copy, (ii) reproduce, (iii) reuse, (iv) retransmit, (v) adapt, (vi) publish, (vii ) photograph, (viii) post, (ix) download, (x) distribute, (xii) modify, (xiii) transmit. Furthermore, in the absence of the prior written consent of T.O.S. S.r.l.s. or the legitimate owner, you will also not be allowed to carry out any activities, pursued for both public and commercial purposes, related to each of the Contents. All rights not provided for in the following Terms of Use are, in any case, expressly and exclusively reserved to T.O.S. Srls. Unless otherwise expressly provided for in these Terms of Use, all: (i) brands, (ii) trade names, (iii) logos and (iv) all related product names, (v) design brands and (vi) slogans appearing on the Sites are trademarks, or service marks, registered or unregistered, the exclusive property of TOS S.r.l.s., its affiliates and / or its licensors and licensees. T.O.S. S.r.l.s., together with its affiliates and its licensors and licensees, expressly reserve all intellectual property rights on the Contents. Furthermore, at its sole discretion, T.O.S. S.r.l.s., its affiliates or licensors and licensees may enforce their intellectual property rights to the maximum extent permitted by applicable law, at the judicial offices deemed most appropriate, including criminal ones. 4. User conduct / Acceptable use policy. The Site offers you the opportunity to interact with other users and to be able to share your thoughts, information and materials. During your experience, you will understand well that the content posted by other users on the Sites may not necessarily correspond with the opinion or ideals of T.O.S. S.r.l.s .. In light of this, T.O.S. S.r.l.s. therefore expects each of its users, including you, to be respectful towards other users; therefore, should I become aware of any viol
22. Use of the Sites
The Sites, and their respective contents, are intended for personal use only and not of a commercial nature; you will therefore not be able to use the Sites, and its related contents, in the context of a commercial activity. To access the Site, you must be aged 14 (fourteen) or older; however, depending on what is appropriate, or legally permitted by applicable laws, some contents and / or features of the Site may be subject to different restrictions related to the user’s age. In the event of application of the additional restrictions referred to above by T.O.S. S.r.l.s. you will be duly informed and will be subject to a specific age check. By accessing the site or using some of its features, you expressly declare that you are of the age permitted by applicable law in order to be able to accept the following Terms of Use or, if you are under the age of 14 (fourteen) years, that you have obtained the consent of the parents or legal guardian.
3. Content and intellectual property and conditional use of the contents.
The contents and any other material present on the Site – including, without limitation, copyright and other intellectual property rights relating to works of art, graphics, photographs, texts, videos and audio clips, trademarks and logos (the “Contents” ) – are the exclusive property of TOS S.r.l.s. and / or one of its affiliates. You can access and use a Site, and its contents, from now on only for personal purposes, and not of a commercial nature, and / or for your entertainment. By way of example only and not exhaustive, however, you are not allowed in any way: (i) copy, (ii) reproduce, (iii) reuse, (iv) retransmit, (v) adapt, (vi) publish, (vii ) photograph, (viii) post, (ix) download, (x) distribute, (xii) modify, (xiii) transmit. Furthermore, in the absence of the prior written consent of T.O.S. S.r.l.s. or the legitimate owner, you will also not be allowed to carry out any activities, pursued for both public and commercial purposes, related to each of the Contents. All rights not provided for in the following Terms of Use are, in any case, expressly and exclusively reserved to T.O.S. Srls. Unless otherwise expressly provided for in these Terms of Use, all: (i) brands, (ii) trade names, (iii) logos and (iv) all related product names, (v) design brands and (vi) slogans appearing on the Sites are trademarks, or service marks, registered or unregistered, the exclusive property of TOS S.r.l.s., its affiliates and / or its licensors and licensees. T.O.S. S.r.l.s., together with its affiliates and its licensors and licensees, expressly reserve all intellectual property rights on the Contents. Furthermore, at its sole discretion, T.O.S. S.r.l.s., its affiliates or licensors and licensees may enforce their intellectual property rights to the maximum extent permitted by applicable law, at the judicial offices deemed most appropriate, including criminal ones.
4. User conduct / Acceptable use policy.
The Site offers you the opportunity to interact with other users and to be able to share your thoughts, information and materials. During your experience, you will understand well that the content posted by other users on the Sites may not necessarily correspond with the opinion or ideals of T.O.S. S.r.l.s .. In light of this, T.O.S. S.r.l.s. therefore expects each of its users, including you, to be respectful towards other users; therefore, if you become aware of any violation of these Terms of Use, or other unacceptable conduct, perpetrated by a user, we ask you to contact us and report such behavior using one of the tools better specified in section 17. We remind you that you are solely responsible for the content, information and any other material that you publish and send to the Site and / or that you transmit to other users including, by way of example and not limited to: (i) creative ideas, (ii) suggestions and (iii) feedback / information on TOS products and services S.r.l.s. (the “User Generated Content”). Furthermore, you agree not to hold the other Parties responsible for any content, information or material of other users to which you will have access through the Site. You agree not to publish and / or transmit to other users on the Site – by way of example only and not exhaustive. as well as without limitations – contents attributable to the categories of User Generated Content, better specified below:
• defamatory, abusive, obscene, profane, scandalous, defamatory, pornographic, indecent or offensive;
• acts to infringe or violate the intellectual property of other subjects (such as music, videos, photos and / or other material for which you have not obtained specific written authorization from the legitimate owner for their publication on a Site);
• che violino i diritti pubblicitari o diritti alla privacy;
• that violate advertising rights or privacy rights;
• that they are inaccurate, false and / or in some way misleading;
• that are illegal and / or directly and / or indirectly promote any illegal activity;
• Promote the illegal and / or unauthorized copying of another person’s copyrighted works and / or links to such works and / or provide information to circumvent any security measures;
• that contain “disguised” profanities (ie F @ & #);
• that contain computer viruses or any other code, files and / or programs designed to interrupt, destroy and / or limit the functionality of any software and / or hardware and / or telecommunications equipment;
• che contengano qualunque pubblicità e/o materiale promozionale, “posta indesiderata”, “spam”, “lettere a catene”, “schemi piramidali” e/o ciascuna altra forma di adescamento.
We point out that we can permanently review, modify and / or delete in our sole discretion the contents and materials sent by you, and / or by others, posted and / or published on the Site but we are not obliged in any way to do so. You are aware that, by using the Site, you will be exposed to content and / or materials from different sources and that T.O.S. S.r.l.s. is not responsible for the accuracy, appropriateness, usefulness, safety, intellectual property rights relating to such content and materials. You are not permitted to use spiders, robots, data mining techniques and / or other automated devices or programs to (i) catalog, (ii) download or (iii) otherwise reproduce, (iv) store and / or (v) distribute content available on the Site. Furthermore, you may not use such automated means in order to manipulate the Site or attempt to exceed the permissions and access limits provided for under these Terms of Use. In any case, you are not allowed to resell the use and / or access to the Site to third parties.
5. Ownership of the material sent, published, sent or transmitted; right of use; Enter.
We may include features on the Site that allow you to upload, share, send, publish and / or transmit comments, photos, videos, music and / or any other permitted material and / or content to the Site (the “User Generated Content”) . However, it is not permitted to upload content generated by third parties without the consent of the latter; any User Generated Content sent, published, provided and / or transmitted to T.O.S. S.r.l.s. it is expressly guaranteed by the user who uploads it as original and can therefore become accessible to the public (in association with your: personal name, username, your city, country and / or your photo, if any) and will be considered and treated as non-confidential data. The Content Generated by the User, once transmitted to T.O.S. S.r.l.s., may be freely used by T.O.S. S.r.l.s .. Furthermore, T.O.S. S.r.l.s. and its affiliates, will be free to use the User Generated Content, without any restrictions, compensation, obligations and / or other liability to you, for any purpose (without prejudice to any rights of third parties), including, by way of exemplary and not exhaustive, for use and display:
• worldwide in any type of electronic or digital media for commercial, marketing and / or public relations purposes in perpetuity;
• visitors to other websites and social network pages, including but not limited to Instagram, Facebook, Twitter, Pinterest or Google+;
• for the development, production, advertising, promotion and marketing of products. Your personal data may be processed and made accessible to third parties only upon the release of your consent.
T.O.S. S.r.l.s. and its affiliates will also have the right to reproduce, disclose, transmit, publish on any tool, and / or modify and / or delete, in whole and / or in part, any User Generated Content. In any case, Ferrero will not be responsible for any disclosure of User Generated Content and / or for any similarity to User Generated Content and / or for any future use and / or activity of T.O.S. S.r.l.s .. You agree that T.O.S. S.r.l.s. and its affiliates contact you by email (or as otherwise indicated) regarding any of our requests relating to your User Generated Content. Through the Sites you can send T.O.S. S.r.l.s. creative ideas, suggestions and / or materials (“Communications”); you will not have to submit Communications through this site and / or elsewhere, unless specifically requested to do so.
6. Links to other sites.
The Site may contain links that will allow the connection to other websites that are not owned by us and / or that are not managed and / or maintained by T.O.S. S.r.l.s .. We recommend that you pay attention when you leave a Site and read the terms and conditions and privacy policies of each third-party website you visit. You should also independently assess the authenticity of any third party websites that appear and / or claim to be one of our Sites (including those to which you are linked by email). Although there may be links on one of our sites, we point out, as of now, that we have no role of control, recommendation and / or approval of its contents and we are not affiliated with these websites and / or their contents, products, services. , and / or their privacy policy. Viewing any third party site is at your sole risk. By downloading material from some third party websites, you may run the risk of infringing intellectual property rights or introducing viruses into your computer system.
7. Promotions and offers.
We point out that, from time to time, we may run, at our discretion, a promotion (ie contests, sweepstakes, sweepstakes, instant win games, etc.) and / or an offer on the Site (the “Promotion”). . Any Promotion appearing on a Site will be void – and therefore without any effect – if it is prohibited by applicable law or subject to the publication of a specific official T.O.S. regulation. S.r.l.s .. Each Promotion will have its own rules and conditions, which will be added to the terms of these Terms of Use. Participation in any Promotion will be conditioned upon acceptance of these rules and conditions.
8. Transazioni sul sito.
Should you decide to purchase any merchandise available on the Site (the “Transaction”), you will be asked to provide certain information relevant to the completion of the Transaction (ie your credit card number, billing address, shipping details , etc.). As of now, you represent and warrant that: (i) you have the legal right to use any credit card, debit card and / or other payment method used by you during the Transaction and (ii) you are 18 (eighteen) years old and / or more and / or have a parent and / or legal guardian with you to effect the Transaction on your behalf. We reserve the right, in our sole discretion, to refuse and / or cancel any order placed with us. Among the cases that may lead to the cancellation of the order we point out, by way of example but not limited to, those relating to the case in which: (i) a product has an incorrect price; (ii) when the payment and / or billing data cannot be confirmed; (iii) and / or when the product is no longer present in our inventory and / or in that of our logistics service provider. In the event of cancellation and / or cancellation of the order, we will contact you by e-mail and / or at the billing address and / or the telephone number you provided when placing the order.
9. Privacy.
The privacy of your data is extremely important to us. For more information on what data we process and how we process, use, disclose and manage them, please read our Privacy policy, which helps regulate the use of our Sites.
10. Export control.
The software and / or any other material on our Sites may be subject to export control from the United States. No software on our Sites may be downloaded and / or exported: (i) within (or by a citizen or resident) of Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria or other countries to which the United States of America has imposed an embargo on goods, and / or in any other country for which an authorization is required, and / or in respect of which a restriction and / or prohibition has been applied, by the United States Department of Commerce Bureau of Industry and Security, the United States Department of the Treasury Office of Foreign Assets Control, or any other similar agency; and / or (ii) anyone on the United States Department of the Treasury’s “Specially Designated Nationals” list and / or the United States Department of Commerce’s Table of Deny Orders, and / or similar programs. By downloading and / or using any software on our Sites, you are declaring and warranting that you are, and / or not be, under the control of a citizen and / or resident of one of those countries and / or that you are not part of any of the countries listed.
11. Disclaimer of Warranties / Disclaimer.
Your use of this Site is at your sole risk, third party websites and all software, services, content and User Generated Content made available through the Sites are provided “as is” without warranty of any type, express or implied, including, but not limited to the implied warranties of merchantability, non-infringement, title or fitness for a particular purpose. Please note that some jurisdictions may not allow the exclusion of implied warranties; in that case, therefore, some of the exclusions may not apply to you. We do not represent and / or warrant that the use of the Sites, any software, service, content or User Generated Content will not infringe the rights of any third party. We also do not guarantee that a Site, any content and / or content accessed through a Site will be completely secure, uninterrupted and / or error-free and that the related defects will be corrected, and / or that a Site or the server that makes available a Site will be free of viruses and / or other malicious components. In any case, we will not be responsible for the use of a Site, including, without limitation, the content and any declarations, errors or omissions contained therein, content provided by third parties (including, but not limited to, those that violate the rights of third parties), links to any other website and / or its nature and / or contents and / or any other matter concerning a Site and its use. In no case will we be liable as a civil, contractual, extra-contractual, strict liability for direct, indirect, special, incidental, image, consequential, punitive or any other damage of any kind and / or type – including, but not limited, legal fees and costs, loss of profits, loss of data, loss of opportunity, coverage costs and personal injury / wrongful death – all of which are hereby excluded by express agreement of the parties, regardless of whether they have been informed, or not, of the possibility of incurring the aforementioned damages. The only remedy for any complaints relating to the Site is to discontinue its use, please note that some jurisdictions may not allow the exclusion of certain damages, in which case, therefore, some of the above exclusions may not be applicable.
12. Allowance.
By using the Site, you agree to defend, indemnify and hold harmless T.O.S. S.r.l.s. and its officers, directors, employees, parent companies, subsidiaries, affiliates, business partners, website developers, representatives and agents (collectively, the “Released Parties”), from and against any and all claims, damages, obligations, losses, liabilities, cost or debt and expenses (including, but not limited to, reasonable fees and legal costs) arising from: (i) any breach of any of the Terms of Use, (ii) any breach of the User Generated Content (including , but not limited to, claims for infringement of a third party’s copyright, trademark, trade secret or other intellectual property right, right to publicity, right to privacy or defamation), (iii) your use of any Content or functionality available on or through a Site (to the extent that a complaint is based on the violation of a third party right by materials created by TOSSrls), (iv) by a violation by the user of the applicable law and or any agreement or condition with a third party to which you are subject, and (v) any other matter regarding the Site and its access and use. You agree to do your best to work with us to defend such possible circumstances; furthermore, we reserve the right, at your expense, to assume the sole defense and control of any matter relating to your indemnity.
13. Applicable Law / Jurisdiction.
All matters relating to a Site and / or these Terms of Use are governed and interpreted in accordance with the laws of the Italian State, without taking into account the conflict rules and principles on applicable law. The user accepts that the jurisdiction and the exclusive seat of any legal proceeding relating to the Site and / or these Terms of Use is identified at the Court of Ragusa (RG). Notwithstanding the foregoing, should you be a US and / or Canadian citizen or resident and / or access a Site from the United States and / or Canada, the Sites and these Terms of Use will be governed by New York State law. (USA) and therefore you agree that the exclusive jurisdiction and venue for any legal proceeding relating to the Site and / or these Terms of Use will be devolved to a court located in New York County, New York State (USA). We do not guarantee, nor do we expect, that the Sites and / or the Contents / materials thereof are appropriate for their use outside the European Union and / or the United States of America. Although our Sites are accessible from all over the world, the content we have mentioned above and to which we refer on our Sites may not be accessible from every geographical area of the globe. In addition, the Sites may contain certain sections specifically designed for a specific geographical area (the “Local Sections”). Please note that Local Sections may be subject to specific rules (the “House Rules”) which will prevail over these Terms of Use. We inform you that if the House Rules are applied and / or any Local Section is accessed and / or used, you also agree to abide by the House Rules in place. In addition, not everyone will be able to participate, be entitled to offers and / or win prizes, if applicable, in the sweepstakes, content and / or promotions made available on the Sites. In this regard, we reserve the right to limit our exclusive discretion, and at any time, the availability of our Sites and / or the provision of any services to any person, geographic area or jurisdiction. Finally, we remind you that you are solely responsible for compliance with applicable local laws.
14. Safeguard clause.
If any clause and / or provision of these Terms of Use is deemed and / or declared invalid, illegal and / or unenforceable, for any reason, by any rule of law and / or public order, this provision will be affected. only to the extent that it is invalid and / or unenforceable and the remaining provisions will continue to have full force and effect.
15. Waiver – Remedies.
Our failure to exercise, partially or totally, any right and / or your waiver of any violation of these Terms of Use, will not prevent a subsequent exercise of this right by us or will be considered as acceptance by us to any subsequent violation by you of the same and / or subsequent violation of any other term indicated in these Terms of Use. Our rights and remedies, under these Terms of Use, will be cumulative and the exercise of such rights or remedies will not limit our right to exercise any other right and / or remedy.
16. contact info.
If you have any questions and / or comments regarding the Sites, and these Terms of Use, and / or if you want to report any content that you believe does not comply with these Terms of Use, you can contact us at the following addresses:
T.O.S. S.r.l.s.
