DBPROJECT.COM WEBSITE TERMS AND CONDITIONS
1. DBPROJECT.COM Website Terms and Conditions
Each User is requested to carefully read the following conditions of use and/or consultation of the DBPROJECT.COM Website ("the Website").
By selecting the appropriate flag and clicking on the "I ACCEPT" button, the User declares that he/she accepts the general conditions of use of the Website as well as the general conditions that are an integral part of the online purchase and sale contract between DBPROJECT.COM and the buyer: the subsequent continuation of the use or consultation constitutes full acceptance of these conditions by the visitor. The use of the Site and the express acceptance of the general conditions at the time of registration constitute an agreement between the User and DBPROJECT.COM.
Acceptance is deemed to be presumed after the first access to the Site.
In the event of disagreement with these terms and conditions, the User is obliged not to use the Site or download information from it by accessing the Site.
Any changes to the general conditions of use of the Site as well as to the general conditions that are an integral part of the purchase and sale contract will be made known through publication on the Site and will take effect only for contracts concluded after their entry into force.
I) GENERAL CONDITIONS OF USE OF THE DBPROJECT.COM WEBSITE
DBPROJECT.COM uses "cookies" technology to improve and simplify your access to the DBPROJECT.COM Website.
The "cookies" files are sent to your computer in order to uniquely identify you and record your personal preferences and other technical information. The cookies we use are configured in two types:
a) Permanent "Cookies" (they remain in your computer until you delete them);
b) temporary "Cookies" (they are deactivated when you close your browser);
Cookies" themselves do not contain or reveal any personal data. Any personal information submitted via the DBPROJECT.COM website may be linked to data stored in cookies.
It is possible to prevent DBPROJECT.COM from using cookies by modifying the browser's acceptance parameters (instructions on modifying these parameters can be found in the help of the web browser used).
If you modify these parameters, you will not be able to access certain sections of the DBPROJECT.COM Website.
Pursuant to these general terms and conditions, DBPROJECT.COM grants the User a limited, non-exclusive and non-transferable right to access, use and display this Site and related materials exclusively for the purpose of purchasing products on the Site. The User undertakes not to interrupt or attempt to interrupt the Site's operation in any way.
DBPROJECT.COM authorizes the User to view and download information (the "Materials") on the Site. This authorization does not constitute a transfer of ownership of the Materials and copies of the Materials and is subject to the following restrictions: 1) on all copies of the Materials downloaded, User must retain all copyright and other patent notices contained in the Materials; 2) User may not modify the Materials in any way or reproduce, publicly display, perform, distribute or otherwise use or communicate the Materials for any public or commercial purpose; and 3) User may not transfer the Materials to any person. The User agrees to comply with any additional limitations set forth on the Site, which are the result of periodic updates. This Site, including all Material, is subject to copyright and is protected by international copyright laws and regulations.
The User undertakes to respect all copyright laws when using this Site and to prevent unauthorized copying of the Material. DBPROJECT.COM does not grant the User any express or implied right under any patent, design, trademark, patent, trademark, copyright or trade secret legislation: the entire content of this Site is therefore the property of DBPROJECT.COM so that no part of the Site, no trademark, no content, logo, graphic, sound or image may be reproduced, retransmitted or otherwise used without the express consent of DBPROJECT.COM.
4. Access to the sections
You must open an account to view certain restricted access sections of the Site. In such event, you must complete the necessary registration process by providing complete and accurate information required on the relevant membership form as well as a password and a User name. You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for all activities related to the account. The User agrees to immediately notify DBPROJECT srl of any unauthorized use of his/her account or any breach of security. DBPROJECT srl will not be liable for any loss resulting from the use of the User's password or account by a third party.
5. How to use the Website
The User undertakes to use the Site in accordance with the provisions of the general conditions and to comply with all future policies and rules of the Site. The User also undertakes not to use the Site for: (a) transmit spam or unsolicited communications; (b) assume to act on behalf of DBPROJECT srl or another person; (c) forge headers or otherwise manipulate identifiers in order to conceal the origin of any content transmitted through the Site; (d) misrepresent its affiliation with a person or entity; (e) act in such a way as to adversely affect the ability of other users to use the Site; (f) engage in activities that may violate any applicable law; (g) post or transmit any material that infringes in any way upon the rights of others or is unlawful, abusive, defamatory, vulgar or otherwise objectionable or contains any advertising or solicitation regarding products or services; or (h) collect or maintain personal information about other users unless expressly authorized by such users. If you fail to comply with the above conditions, you may not use the Site. In such cases, the Company actively cooperates with authorities and law enforcement agencies to trace the identity of anyone posting or transmitting similar material on the Site.
Deep links to internal web pages or DBPROJECT srl websites are not allowed by the User.
The User undertakes to indemnify DBPROJECT srl and, in any case, undertakes to respond on its own behalf, also towards third parties and exempt DBPROJECT srl, upon the User's simple request for any harmful event, however caused by the User as a consequence of the breach of the Site's use methods, such that the User will be exclusively liable with DBPROJECT srl's guarantee and indemnity. The indemnity also includes the amounts accrued, by reason of the above mentioned titles, for legal fees, indemnities, returns of profits and penalties as well as for any and all damages, also in the form of lost profits and/or interest on the amounts, and, more generally, for any additional costs incurred by DBPROJECT srl. The payment of the sums provided for in this article shall not be suspended or delayed by any claim or exception on the part of the User, whatever its title, except for the subsequent and separate exercise of its possible reasons.
6. Unilateral modifications of the Site
DBPROJECT srl reserves the right, at its sole discretion, to change, modify, add or remove all or part of the general conditions at any time. The changes will become effective when the relevant notice is published on the Site. Continued use of the Site by the User, following a change, will be considered as acceptance of such changes.
DBPROJECT srl may revoke, modify, correct any error or omission in any portion of the Site, make further changes to the Site and its material as well as to products, programs, services or prices (if any) described on the Site; it may also suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time and without notice. DBPROJECT srl may also impose limitations on certain features and services or limit your access to parts of the Site or the entire Site without notice or liability. DBPROJECT srl may, at any time, revoke the authorization, rights and license granted above and, upon such revocation, the User shall immediately destroy all Materials. The User waives in advance any claim against DBPROJECT srl in case of revocation of the license and/or modification of the Site and/or total and/or partial closure of the Site.
7. Intellectual Property
In accordance with article 3 above, the User acknowledges that all intellectual property rights (including, by way of example only, copyrights, patents, know-how, confidential information, database rights and trademark and design rights - whether registered or not) of the Site belong to DBPROJECT srl and/or its Licensors and/or Licensees. The User therefore undertakes to indemnify DBPROJECT srl and, in any case, to be liable on its own behalf, including to third parties and exempt DBPROJECT srl from any damages caused as a result of the infringement or unauthorized use of patents, copyrights, trademarks, designs, patents used or controlled by third parties or any other nfringement of intellectual and/or industrial property rights to the extent that they are attributable to the User. The payment of the sums provided for in this article may not be suspended or delayed by claims or exceptions on the part of the User, whatever the title, except for the subsequent and separate exercise of the following his reasons, if any.
8. Protection of information
9. Sites of third parties
DBPROJECT srl may also provide electronic links on this Site to other websites operated by other parties.
DBPROJECT srl does not undertake to monitor or examine the content of third party sites, nor is DBPROJECT srl responsible for the accuracy or reliability of such sites. Access to such sites involves leaving this Site. If you visit another site through the above mentioned links, you do so at your own risk and are responsible for all protective measures against viruses or other destructive elements. DBPROJECT srl declines all responsibility for any web site visited through links or information contained in such sites or for the products or services described in such sites. Access to another site via links does not mean that DBPROJECT srl or this Site sponsors or endorses the site visited or is affiliated or associated with it or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed or accessible via these links. Nor does it mean that the site visited through the links is authorized to use trademarks, trade names, logos or copyright symbols of DBPROJECT srl or its affiliates, parent companies and/or check it out. The User waives in advance any claim against DBPROJECT srl for damages suffered as a result of navigation in electronic links to other websites managed by other entities.
10. Disclaimer of Warranties and Limitation of Liability
DBPROJECT srl does not assume any responsibility for the correct functioning of this Site or of its contents. DBPROJECT srl also declines all responsibility for the security of this Website. The User accepts that any information transmitted may be intercepted. DBPROJECT srl does not guarantee that the Website or the Servers making this Website available or electronic communications sent by DBPROJECT srl are free of viruses or other harmful elements. The User waives in advance any claim against DBPROJECT srl for damages suffered as a result of this.
In no event shall DBPROJECT srl be liable for direct, indirect, consequential, punitive, special or incidental damages (including, by way of example, damages for loss of opportunity, business, contracts, revenue, data, information or business interruption) resulting from the use or inability to use this Site or its contents under these general conditions, even if DBPROJECT srl has been informed of the possibility of such damages. In addition to the conditions set out herein, DBPROJECT srl shall in no case be liable for errors, inaccuracies, omissions or other defects or for the untimeliness or inauthenticity of the information contained in this Site. Without prejudice to the limitation of liability set out herein, the User also undertakes to take all reasonable steps to mitigate its losses arising from any claim or action (whether due to negligence, breach of contract or otherwise) that it may bring against DBPROJECT srl.
II) Condizioni generali di vendita on line.
11) Service characteristics
The products are included in the DBPROJECT srl website and catalogued in special departments. The products can also be displayed in different departments to improve their visibility.
The pages of DBPROJECT srl's Website can be freely and freely consulted by each registered User.
DBPROJECT srl reserves the right to:
b) reclassify the products in a different sector than the one to which they belong;
c) enrich the description of the products with technical information;
d) propose promotional campaigns for the products and implement specific discount policies in relation to them.
12) Site service guarantees
DBPROJECT srl guarantees each User who connects to the Site a 24-hour service continuity, except in cases of impossibility due to force majeure, within the limits of the guarantees recognized by its suppliers, which DBPROJECT srl uses for connection services and maintenance activities.
13) Object of the general conditions of sale on line
The general terms and conditions of sale on line have as their object the products included in the Site.
The products purchased on DBPROJECT.COM are sold directly by DBPROJECT srl with registered office in VIA EUROPA, 27 24010 Costa Serina (BG) Italy p.iva 03834830162.
14) Contract of sale of the products
In order to propose the conclusion of the purchase contract for one or more products on the DBPROJECT.COM Website, the User must fill in the order form in electronic format following the procedure proposed by the Website, which will be followed by DBPROJECT srl sending the order confirmation.
The User will then receive confirmation of the purchase order via e-mail from DBPROJECT srl: this communication will contain information on the essential characteristics of the product and a detailed indication of the price as well as a summary of the general and particular conditions applicable to the sales contract with particular reference to prices, means of payment, shipping and delivery costs and terms and applicable taxes.
The contract is concluded, pursuant to art. 1327 cc, when DBPROJECT srl supplies the products in accordance with the Incoterm clause from time to time indicated to the User through the purchase order confirmation.
If the products presented on the DBPROJECT.COM Website are no longer available or on sale when the order form is sent, DBPROJECT srl shall inform the User, within thirty (30) days from the day after the User has sent his/her order to DBPROJECT srl, of the unavailability of the ordered products, without any liability for DBPROJECT srl.
15) Acceptance of the general conditions
By sending the order form electronically, the User declares to know and accept unconditionally and undertakes to observe the general conditions of sale in its relations with DBPROJECT srl.
By submitting the order form, the User also confirms to know and unconditionally accept the additional information contained in DBPROJECT.COM, including the general conditions of use of the Site.
Once the purchase procedure has been completed, the User is required to print and keep a copy of the general terms and conditions, the order form and the purchase order confirmation; the printing and copying of the above mentioned documents will serve as a future reference for further purchases, as well as to let the User check their possible subsequent variations.
The User is obliged not to enter false or invented data, pseudonyms, nicknames and the like; the personal and fiscal data and the e-mail address that he will provide when placing the order must be exclusively personal and in no case referred to third parties.
It is also expressly forbidden for minors to make purchases on the Site.
16) Price of products on the Site
The sale price of the products is defined unilaterally and, with respect to what is indicated on the Site, without any constraint on DBPROJECT srl , which reserves the right to implement, whenever it deems it appropriate, the price changes at the time of conclusion of the contract pursuant to art. 1327 cc, in accordance with the provisions of art.14, paragraph 3 of the general conditions of sale. The sale prices of the products indicated in the price list on the site do not therefore constitute an offer to the public.
17) Shipping and delivery terms and limitation of liability
The shipping and delivery terms indicated in the purchase order confirmation are not binding and do not constitute a source of liability for DBPROJECT srl.
However, DBPROJECT srl shall not be held liable for any inefficiencies, delays or omissions in deliveries due to unforeseeable circumstances or force majeure.
Furthermore, DBPROJECT srl shall not be held liable in case of fires, bursts, strikes, earthquakes, floods and other similar events that may prevent the execution of the contract in the manner and within the time provided for by these general conditions and by law.
Should DBPROJECT srl be held liable, except in the case of willful misconduct or gross negligence, for the inexact fulfilment of its contractual obligations, it is hereby agreed that such liability shall not exceed the value of the products purchased by the User, for which the dispute has arisen.
18) Time of transfer of ownership of the product
The right of ownership of the products purchased on this Site is transferred to the User at the time of conclusion of the contract pursuant to art. 1327 cc, in accordance with the provisions of art. 14, paragraph 3 of the general conditions of sale.
19) Applicable law
The general conditions of use of the Site and the general conditions of sale contained in DBPROJECT.COM are entirely governed by Italian law.
20) Exclusive holes
For the settlement both of disputes concerning the existence, forfeiture and claim of DBPROJECT srl trademark property rights and of the disputes referred to in art. 134 of Legislative Decree no. 30 of 10th February 2005 and, therefore, with the express exclusion of cases which do not interfere, not even indirectly, with the exercise of industrial and intellectual property rights, which are regulated, for the purposes of identifying the territorially competent Court, in the following paragraph, the Court of Bergamo has exclusive jurisdiction, with express waiver of the jurisdiction of any other Court, even if optional.
For any other dispute that may arise in relation to the validity, interpretation, execution and enforcement of the law, the Court of Bergamo shall have exclusive jurisdiction.
The Court of Bolzano shall have exclusive jurisdiction over the application of this writing and any additional and/or amending and/or implementing agreements, including claims for damages of a contractual and/or non-contractual nature as well as all cases that do not interfere, even indirectly, with the exercise of industrial and intellectual property rights, with express waiver of the jurisdiction of any other Court, even if optional.
Without prejudice to the provisions of the previous paragraphs, the Court of Bolzano shall have exclusive jurisdiction for the settlement of disputes that may arise due to passive litigation in which DBPROJECT srl is sued by consumers, as identified by the Legislative Decree no. 206 of 2005 and its subsequent amendments, with respect to products sold through the Site, with express waiver of the jurisdiction of any other Court, even if optional, including the Court referred to in the previous paragraph.
The following provisions describe the methods of management of the Site with reference to the processing of personal data of users who consult it, as this information is provided pursuant to art. 13 of Legislative Decree no. 196 of 30 June 2003 (Personal Data Protection Code, hereinafter "C.P.") to those who interact with the web services of DBPROJECT srl. During or following consultation of this Site, data relating to identified or identifiable persons may be processed. The "owner" of their processing is DBPROJECT srl with registered office in VIA EUROPA, 27 24010 Costa Serina (BG) Italy p.iva 03834830162. The processing operations connected to the web services of this Website take place at the above mentioned head office and are carried out only by personnel in charge of processing, i.e. DBPROJECT srl with registered office at VIA EUROPA, 27 24010 Costa Serina (BG) Italy p.iva 03834830162, or by persons in charge of occasional maintenance operations.
The personal data provided by users who submit specific requests are used for the sole purpose of performing the service or provision requested and are communicated to third parties only if necessary for this purpose.
The computer systems and software procedures used to operate this Website acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. This information is not collected to be associated with identified data subjects, but by its very nature could, through processing and association with data held by third parties, allow users to be identified.
This category of data includes IP addresses or the domain names of the computers used by users who are connect to the Site, the addresses in URI (Uniform Resource Identifier) notation of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server and other parameters relating to the operating system and computer environment of the User. This data is used for the sole purpose of obtaining anonymous statistical information on the use of the Site and to check its correct functioning. The optional, explicit and voluntary sending of electronic mail to the addresses indicated on this Site entails the subsequent acquisition of the sender's address, necessary to respond to requests, as well as any other personal data included in the message. Specific summary information will be progressively reported or displayed on the pages of the Site prepared for particular services to request.
Apart from that specified for navigation data, the User is free to provide personal data if requested in specific sections of the Site. Failure to provide them, however, may make it impossible to obtain what may be requested.
Personal data are processed by automated tools for the time strictly necessary to achieve the purposes for which they were collected. Specific security measures are observed to prevent the loss of data, unlawful or incorrect use and unauthorized access.
Pursuant to art. 7 of the Italian Penal Code, the subjects to whom the personal data refer have the right at any time to obtain confirmation of the existence or not of the data, to know its content and origin, to verify its accuracy, to request its integration, updating or rectification, to request its cancellation, transformation into anonymous form or blocking of data processed unlawfully, and to oppose in any case, for legitimate reasons, their treatment. The requests in question must be addressed to the data controller.
Pursuant to and for the effects of art. 13 of Legislative Decree no. 196 of 30.06.2003, we hereby inform you that the personal data provided are processed, including by automated means, for inclusion in DBPROJECT srl's customer/supplier archives and are necessary for the possible conclusion of a contractual relationship and for subsequent civil, fiscal and management obligations. The provision of data is optional: however, failing this, it will be impossible to enter into any contract. The data collected may be communicated, for the same purposes of collection, to the companies of the group, as well as to subjects to whom outsourcing services are entrusted. We also inform you that, in relation to the provisions of art. 7 of the above mentioned Legislative Decree, the User has, among other rights, the right to obtain: the confirmation of the existence at DBPROJECT srl of personal data concerning him/her; the cancellation, transformation into anonymous form or blocking of any data processed in violation of the law; the updating, rectification or integration of data. The User may exercise the rights set out in art. 7 by writing or telephoning to: DBPROJECT srl with headquarters in VIA EUROPA, 27 24010 Costa Serina (BG) Italy - tel: 0345-1826079 - fax: 0345-1826079 - email: email@example.com