THE “paolomoretti.shop” WEBSITE TERMS OF USE

These terms and conditions for website use (“Terms of Use”) regulate your use of the Site at the following online address paolomoretti.shop, including all sections and areas dedicated and reserved for registered users. The Site is run by Moretti S.r.l., with registered office in Passaggio Duomo 2, Milan (MI) 20123, Italy. Fiscal Code, VAT number and Company Register of Milan no. 04303140158, phone number +39 02 8052044 (hereafter “Moretti”, “us”, “our”).

In welcoming you to our Site, please read the Terms of Use carefully before proceeding to access or use the Site. These Terms of Use apply to all visitors and/or users of the Site. By accessing or using the Site, you are confirming to have accepted these Terms of Use and agree to be bound by them. If you do not agree to and/or accept these Terms of Use, you may not use this Site and we strongly request you stop immediately.

Purposes and Features of the Site

We use our Site to promote and provide information regarding Moretti products, collections and initiatives and to help you find information about Moretti, for example, store locations where you can buy our products. Under specific sections of our Site, additional features may be provided. For example, users may be required to register and/or create a personal account by entering personal data in order to access reserved area and content, be included in mailing lists and/or receive newsletters about Moretti products and initiatives, participate in promotional initiatives sponsored by Moretti, create your own lists of favorite Moretti products and make online purchases of Moretti products, where this feature is available, or for other purposes. Where applicable, these sections of the Site shall be subject to specific Terms of Use, which will be made available to users. We therefore invite you to read these specific Terms of Use before accessing specific sections of our Site.

Registration and Personal Account

If, in order to access specific features and/or sections of the Site, you are required to register and open an account (“Account”), please note that you shall be held responsible for all activities carried out through your Account (including, for example, any purchases of products made through your Account, where such feature is available) unless you notify us and prove that your Account is and/or has been used by a third party without your consent. You are also responsible for protecting the privacy of your access data and preventing third parties from using your Account without your consent. Moretti shall not be held liable for any loss or damages arising out of your failure to comply with these obligations. Please not that Moretti may delete or suspend your Account at any time and without notice if: (i) it reasonably believes that you are using your Account in violation of these Terms of Use; (ii) it reasonably believes that a third party is using your Account without your consent, or (iii) it reasonably deems it necessary to delete or suspend your Account for security or maintenance purposes.

Processing of your Personal Data

In order for you to use or access certain sections or features of the Site, including the areas dedicated to and reserved for registered users, we may ask you to provide us with certain personal information. Processing of the personal data you provide to Moretti through the Site is fully described in our Privacy Policy available on the Site. To learn more about our practices and privacy policy, please refer to our Privacy Policy.

Our Products

Even though Moretti makes an effort to ensure that the information available on the Site is accurate and constantly up to date, it does not guarantee the correctness, completeness, accuracy or currency of the information on the Site, including, for example, product descriptions, prices and/or indications of availability of products present on the Site. The fact that certain products or services are present on the Site does not guarantee the use of such services or purchase of such products through the Site at that time, nor does it guarantee their availability. We have done our best to ensure that the appearances, in particular, the colors, of our products on the Site are displayed as realistically as possible. However, the appearance and colors that you see depends on your computer settings and Moretti cannot guarantee that your computer will display our colors correctly. From time to time, we may modify or remove, temporarily or permanently, some of the products and/or services and their features and descriptions, from the Site. We may also change the prices of such products or services, as well as the circumstances in which we may modify and/or withdraw products we sell through the Site. This may be done without giving prior notice.

Contents of Moretti

All rights, titles and affiliations relating to the Site and any part of its content, including, for example, software, the HTML code, other computer codes stored in the back-end and front-end of the Site, visual interface with Site users, parts of the text, graphic, scripts, works of art, photographs, images, designs, as well as all audiovisuals and other materials that form part of the Site in any way (collectively, the “Contents of Moretti”) are the property of Moretti and/or, where applicable, of the legal predecessors of Moretti. All Contents of Moretti are protected by national laws protecting intellectual property, including, for example, copyright laws, patent laws, trademark laws and other international laws and treaties concerning intellectual property rights.

Trademarks of Moretti

All trademarks, registered or unregistered and/or in the process of registration, in Italy and worldwide, trade names, logos, brands and product names used, displayed and included on the Site are the exclusive property of Moretti. These Terms of Use do not confer any right or power to use the Trademarks of Moretti and we remind you that any use of the Trademarks of Moretti is strictly forbidden.

Your Use of the Site

The Site and Contents of Moretti are exclusively for personal use, not for any commercial purpose. You must be fully compliant with the Terms of Use and all applicable laws.

You acknowledge and agree that you and/or third parties (in any way allowed or assisted) may not:

(a) copy, reproduce, publish, transmit, distribute, upload, publicly display, encode, translate, modify the Site or Contents of Moretti, create works derived from the Site or Contents of Moretti, sell, license or otherwise distribute, in whole or in part, the Site or the Contents of Moretti, for example, through mirroring, framing or linking mechanisms that have to do, in any way, with computers, servers, and third party sites;

(b) access or use the Site or Contents of Moretti for any commercial purpose, including any advertising activity or for generating advertising revenues on your and/or third party sites, platforms or telematics spaces;

(c) use any automatic or manual process to access, acquire, consult, copy, browse or monitor the Site, Contents of Moretti or any portion of such, and/or reproduce in any way the structure or appearance of the Site or the Contents of Moretti and/or circumvent any copy protection device with the intentions of acquiring or attempting to acquire any material, documentation or information made available, not for this purpose, on the Site, such as deep-linking, page-scraping, robot, or spider mechanisms;

(d) access or attempt to access any part, section or feature of the Site, and any other system or network connected to the Site or any Moretti server to which access is not permitted by means of hacking, password mining or any other illegal technology or medium;

(e) check or test the vulnerability of the Site or any other computer or network connected to the Site;

(f) breach the Site’s protection, security or authentication measures;

(g) carry out reverse look-up activities, tracking or attempts to track any information about other users, Site visitors or any other customer, or similar activity;

(h) take advantage of or use the Site, Contents of Moretti or any service or information made available or offered by or through the Site for any illegal purpose or purpose not permitted by these Terms of Use as well as encourage third parties to engage in any criminal activity and/or violate the rights of Moretti or third parties;

(l) use any device, software, mechanism or other technology that may interfere or attempt to interfere with the proper operation of the Site, with any operation that the Site is carrying out or with the use of the Site by any person.

Moretti reserves the right to terminate or suspend your access to or use of the Site, without any prior notice, if (i) we reasonably believe the Terms of Use have been breached or (ii) we believe such action is necessary for security reasons.

Warranties

You acknowledge and agree to use the Site at your own risk and assume full and exclusive responsibility for use of the Site and Third Party Content. Moretti takes all necessary measures to minimize, as much as reasonably possible, the risk that the Site and the Contents contain viruses and defects. Nevertheless, Moretti cannot guarantee that when you access or use the Site and/or the Content, your computer equipment, hardware or software, and the data generated or stored by your computer equipment, hardware or software will not be damaged, lost or otherwise adversely affected. It is your responsibility to provide the necessary technological, IT and telecommunication means to access the Site, as well as acquire the necessary skills to access and use the Site and the Contents of Moretti and to bear the related costs and expenses. Furthermore, Moretti in no way guarantees that the Site (including related Contents of Moretti, services and features) shall be uninterrupted, that any defects found in the Site will be corrected, nor that your use of the Site shall produce any specific results. The Site and Contents of Moretti are provided in the state in which they are found and without guarantees of any kind, explicit or implicit, including warranty of the accuracy and thoroughness of the Site and of non-infringement of third party rights when accessing the Site.

Limitation of Liability

Moretti shall in no case be liable to you or third parties for any damage or loss arising from the use of the Site and/or Contents of Moretti or any information contained in the Site or any products that may be on sale through the Site, including, for example, all cases of liability for (a) loss or damage of data; (b) loss or damage to your technological, IT, hardware and software equipment; (c) loss or damages that you could have foreseen or that have not been communicated to us which may occur in the event of our breach of the Terms of Use or our exercise of due diligence, or (d) loss or damage you may have suffered as a result of your failure to take precautions against such loss or damage, for example, by installing an anti-virus program. Moretti shall not be liable for any indirect damage, whatever the cause, origin, nature and consequences, including, for example, costs incurred due to loss of: business opportunities, customers, data or any other loss of intangible assets resulting from use of the Site or the inability to use it or the reliance placed on information made directly or indirectly available on the Site. In any case, no provision of the Terms of Use excludes or limits Moretti’s liability in case of willful misconduct or gross negligence on the part of Moretti or for any of its other liabilities, which cannot be excluded or limited by law. By using the Site, you agree that in the event of dissatisfaction with the Site, with any part of it or with any product or service provided through it, or with any provision of these Terms of Use, your sole and exclusive remedy is to discontinue using and accessing the Site. Moretti shall not be liable for any acts, omissions and conduct of third parties associated with your use of the Site, including, but not limited to, any liability for the content, information or statements of thirds parties made available on or through the Site. You agree to indemnify, defend and hold Moretti harmless from any third party claim or complaint and from any action in court against Moretti, as well as from any sentences, against Moretti, for any damages and the payment of legal fees arising from or related to your use in any wrongful and/or illegal way of the Site and/or Contents of Moretti.

Modifications of the Terms of Use

Moretti reserves the right to modify, revise, add or delete any part of the Terms of Use by updating this document, at any time and without prior notice. Such changes to the Terms of Use shall be communicated via a notification on the Site. If you do not accept any of these modifications, you shall discontinue use and access of the Site. Using the Site after modifications have been made implies your acceptance of the modifications.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Italian law. Any disputes arising from or in any way related to use of the Site and/or the Terms of Use shall be subject to the exclusive jurisdiction of the Court of Milan.

General Clauses

These Terms of Use constitute the overall agreement between you and Moretti regarding the subject matter of these Terms of Use.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable by a court decision which has become final or by written agreement between you and Moretti, such provision shall be amended to the extent necessary to make it legal, valid or enforceable, while the remaining parts of the provision shall retain full force and effect.