Conditions of Use
1. INTRODUCTION
1.1 Please read the following Conditions of Use carefully before using this Site or opening an account (“Account”) so that you are aware of your legal rights and obligations with respect to usage of our site (www.aenzoboteille.com), collectively “Us”, “Seller”, “Vendor”. The “Services” we provide or make available include (a) the Site, or the online selling platform (b) the products available for sale on the Site. All information of the products, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content or other materials made available through the Site or its related products are the “Content”.
1.2 The Services include an online selling platform (e-commerce) that provides a place and opportunity to sell our products to the buyer, (collectively “buyer”, “you”, “Users” or “Parties”). The actual contract of sale is directly between us and the buyer, both parties are responsible for the sales contract, listing of goods, payment, processing of orders, fulfillment of goods, warranty if applicable, refund and return of goods, until the order has been delivered or completed. We may or may not pre-screen Users or the Content or information posted by the buyer. We reserve the right to remove any Content or information posted by buyer on the Site in accordance to Section 5.4 herein. We have the right to cancel orders with valid reason and refund payments back to the buyer.
1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Conditions of Use and you must consent to the processing of your personal data as described in the Privacy Notice linked hereto.
1.4 We reserve the right to change, modify, suspend or discontinue all or any part of this Site, Products, or the Services at any time or upon notice as required by local laws. We may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.5 We reserve the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING OUR SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2. PRIVACY
Your privacy is very important to us. To better protect your rights, we have provided our Privacy Notice to explain our privacy practices in detail. Please review the Privacy Notice to understand how we collect and use the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:
(i) consent to collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Notice;
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and us; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without our prior written consent.
3. LIMITED ACCESS
3.1 We grant you a limited and revocable access and use the Services subject to the terms and conditions of these Conditions of Use. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of this Site and where applicable, third party proprietors identified in the Site. No right or license is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with us. You acknowledge that we may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
4. ACCOUNTS AND SECURITY
4.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that we, in our sole discretion, find offensive or inappropriate, we have the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. We have not reviewed, and assume no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Conditions of Use and/or our Privacy Notice, may also apply to your use of those products, websites or services.
4.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify us of any unauthorized use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. We will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
4.3 You agree that we may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that we deem necessary. Grounds for such actions may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Conditions of Use, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior (d) having multiple user accounts for illegitimate reasons, or (e) behavior that is harmful to other Users, third parties, or the our business interests. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, we may terminate your Account immediately with or without notice.
4.4 Users may terminate their Account if they notify us in writing (including via email at admin@aenzoboteille.com) of their desire to do so. Users understand that termination will only be performed when all pending orders were completed. Users waive any and all claims upon requesting account termination.
4.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
5. TERM OF USE
5.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Conditions of Use or if you fail to comply with any term or condition of these Conditions of Use. In any such event, we may effect such termination with or without notice to you.
5.2 You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) use the Services to harm minors in any way;
(c) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(d) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(e) use the Services for fraudulent purposes;
(f) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(h) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorized form of solicitation;
(i) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
(j) infringe our rights, including any intellectual property rights and any passing off of the same thereof;
5.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.
5.4 You acknowledge that we and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, we and our designees shall have the right to remove any Content (i) that violates these Conditions of Use; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by us or submitted to us, including, without limitation, information in Forums and in all other parts of the Site.
5.5 You acknowledge, consent to and agree that we may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over us or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Conditions of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect our rights, property or our personal safety, our Users and/or the public.
6. VIOLATION OF OUR TERMS OF SERVICE
Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
– Account suspension and subsequent termination
– Criminal charges
– Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
7. LINKS TO THIRD PARTY SITES
7.1 Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. We in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. We are providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of its content therein.
7.2 In addition, These third-party links, products, websites and services are not owned or controlled by us. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. We have not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that we shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that we may disable your use of, or remove, any third-party links, or applications on the Services to the extent they violate these Conditions of Use.
8. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Conditions of Use and to comply with its terms; and
(b) you will use the Services for lawful purposes only and in accordance with these Conditions of Use and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
9. SEVERABILITY
If any provision of these Conditions of Use shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
10. GOVERNING LAW
These Conditions of Use shall be governed by and construed in accordance with the laws of the Republic of the Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed.
11. GENERAL PROVISIONS
11.1 We reserve all rights not expressly granted herein.
11.2 We may modify these Conditions of Use at any time by posting the revised Conditions of Use on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Conditions of Use.
11.3 These Conditions of Use are solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of our and its affiliates’ and subsidiaries’ respective successors and assigns).
11.4 If you have any questions or concerns about these Conditions of Use or any issues raised in these Conditions of Use or on the Site, please contacts us at: admin@aenzoboteille.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “REGISTER” OR “SIGN IN WITH FACEBOOK” BUTTON, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
