Terms and Conditions
These Terms govern
- the use of this Application and
- any other Agreement or legal relationship with the Owner
in a binding manner. Expressions with an initial capital letter are defined in the relevant section of this document.
The User is kindly requested to read this document carefully.
The entity responsible for this Application is:
Takara Belmont Italy Srl, Via Marino Mazzacurati, 4/1, 42019 Scandiano RE
Owner’s email address: marketing2@takaraitaly.it
At a Glance
- The use of the Service/this Application is reserved for Consumers only.
TERMS OF USE
Unless otherwise specified, the terms of use of this Application set forth in this section have general validity.
Additional terms of use or access applicable in specific situations are expressly indicated in this document.
By using this Application, the User declares to meet the following requirements:
- The User acts as a Consumer;
Content on this Application
Unless otherwise specified or clearly recognizable, all content available on this Application is owned by or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable law or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to legally enforceable rights and claims, Users are requested to address the relevant complaints to the contacts specified in this document.
Rights to the content of this Application
The Owner holds and expressly reserves all intellectual property rights to the aforementioned content.
Users are not authorized to use the content in any way that is not necessary or implicit in the correct use of the Service.
In particular, but not limited to, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sub-licenses, transforming, transferring/assigning to third parties, or creating derivative works from the content available on this Application, allowing third parties to undertake such activities through their own User account or device, even unknowingly.
Where expressly indicated on this Application, the User is authorized to download, copy, and/or share certain content available on this Application exclusively for personal and non-commercial purposes and provided that the authorship of the work is observed, as well as any other relevant circumstances required by the Owner.
The limitations and exclusions provided by copyright law remain in force.
Access to external resources
Through this Application, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any rights granted in content, are determined by the third parties themselves and governed by their respective terms and conditions or, in their absence, by law.
Permitted use
This Application and the Service may only be used for the purposes for which they are offered, according to these Terms and under applicable law.
It is the sole responsibility of the User to ensure that the use of this Application and/or the Service does not violate the law, regulations, or the rights of third parties.
Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, including denying the User access to this Application or the Service, terminating contracts, reporting any objectionable activity carried out through this Application or the Service to the competent authorities – e.g., the judicial or administrative authority – whenever the User engages in or there is suspicion of engaging in:
- violations of law, regulations, and/or the Terms;
- infringement of third-party rights;
- actions that may significantly prejudice the legitimate interests of the Owner;
- offenses against the Owner or a third party.
Limitation of liability and indemnity
European Users
Indemnity
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees from any claim or demand, including attorneys’ fees, made by any third party due to or in connection with negligent behaviors such as the use or connection to the service, the violation of these Terms, the violation of third-party rights, or laws by the User, its affiliates, officers, agents, co-branders, partners, and employees, to the extent permitted by law.
Limitation of liability for User activities on this Application
Unless otherwise specified and subject to applicable product liability law, any claims against the Owner (or any natural or legal person acting on its behalf) are excluded.
The foregoing does not limit the Owner’s liability for death, personal injury, damages resulting from the breach of essential contractual obligations, such as obligations strictly necessary for the achievement of the purpose of the contract, and/or for damages caused by willful misconduct or gross negligence, provided that the User’s use of this Application has been appropriate and correct.
Unless damages are caused by willful misconduct or gross negligence or affect life and/or personal, physical, or mental integrity, the Owner shall only be liable for the typical damage for the type of contract and foreseeable at the time of conclusion.
In the event of liability of the Owner, the compensation due cannot exceed the total amount of payments that have been, are, or may be contractually due to the Owner by the User for a period of 12 months or for the entire duration of the Agreement, if shorter.
Common provisions
No implicit waiver
The failure to exercise rights or claims arising from these Terms by the Owner does not constitute a waiver of such rights. No waiver may be considered final in relation to a specific right or any other right.
Service Interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates, or any other modifications, providing adequate notice to Users.
To the extent permitted by law, the Owner reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner will endeavor to enable Users to extract their Personal Data and information in accordance with legal provisions.
In addition, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure events (e.g., strikes, infrastructure malfunctions, blackouts, etc.).
Service Resale
Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reselling program.
Privacy Policy
Information about the processing of Personal Data is contained in this Application’s privacy policy.
Intellectual Property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs related to this Application are held exclusively by the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
All trademarks – whether denominative or figurative – and all other distinctive signs, company names, service marks, illustrations, images, or logos appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In such case, the Owner will appropriately inform Users of the changes.
The changes will have effect with respect to the User’s relationship only for the future.
The continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, they must cease using the Service. Failure to accept the updated Terms may result in either party’s right to terminate the Agreement.
The previous applicable version continues to govern the relationship until the User accepts the new version. This version may be requested from the Owner.
If required by applicable law, the Owner will specify the date by which the changes to the Terms will take effect.
Assignment of Contract
The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract any or all rights and obligations under these Terms, taking into consideration the legitimate interests of the Users.
The provisions concerning changes to these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contact Information
All communications regarding the use of this Application must be sent to the contact addresses specified in this document.
Safeguard Clause
If any provision of these Terms is or becomes void or ineffective under applicable law, the nullity or ineffectiveness of that provision does not affect the validity and effectiveness of the remaining provisions, which remain valid and effective.
US Users
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective, and consistent with its original purpose.
These Terms constitute the entire agreement between the User and the Owner with respect to the subject matter governed and prevail over any other communication, including any previous agreements, between the parties regarding the subject matter governed.
These Terms shall be implemented to the fullest extent permitted by law.
European Users
If any provision of these Terms is or becomes void, invalid, or ineffective, the parties will endeavor to find, amicably, a valid and effective replacement provision for the void, invalid, or ineffective provision.
In the absence of agreement within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid, or ineffective provision shall be replaced by the applicable legal provision.
Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract had they known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.
Applicable Law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, irrespective of conflict of laws.
Exception for European Consumers
However, notwithstanding the foregoing, if the User is a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection shall prevail.
Jurisdiction
The exclusive jurisdiction to hear any disputes arising out of or in connection with the Terms lies with the judge of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway, or Iceland.
Definitions and Legal References
This Application (or this Application)
The structure that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
European (or Europe)
Defines a User physically present or with legal domicile in the European Union, regardless of nationality.
Owner (or We)
Indicates the natural or legal person who provides this Application and/or offers the Service to Users.
Service
The service provided through this Application as described in the Terms and on this Application.
Terms
All conditions applicable to the use of this Application and/or the provision of the Service as described in this document and in any other related document or agreement, in the most updated version respectively.
User (or You)
Indicates any natural person using this Application.
Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to their business, commercial, artisanal, or professional activity.
