General terms and conditions of use of the website
1. SUBJECT MATTER AND MANDATORY INFORMATION
These general conditions govern the use of this website, provided by Sferova S.r.l., with registered office in Sulbiate (MB), Via Delle Industrie n. 30/32, Vat no. 04829470162, email address info@sferova.com, certified email address
By browsing the Site, Users will be able to access the following areas:
- information on the services offered by Sferova in the section "Services”;
- information on the Company's areas of expertise in the section "Areas of Expertise"”;
- information about Sferova in the section "About us"”;
- possibility to contact the Company to request information in the section "Write to us now”.
Access to and navigation on the Site is provided free of charge. The contents are available in Italian and English, which can be selected by the user through the appropriate language choice function.
The services offered by this website are not subject to age limits or other territorial limits, except for those legally provided for the type of service used, in this case, by the User.
The Site is not intended to promote the conclusion of contractual relationships with the User.
All documentation relating to the services offered by the website will be stored by Sferova where required by law, in digital archives of its exclusive availability or at the disposal of its partners.
A copy of these general conditions may be saved in .pdf format using the "Print" function from the browser used by the user.
The User declares to have read these general conditions and the documents, attachments and information related to them and to accept them in full and without any reservation, undertaking to comply with the relevant obligations, even in the event that navigation takes place on other sites, platforms or social networks attributable to or connected to this website.
2. OBLIGATIONS OF THE USER
The User undertakes to consult the Site and to use the related services according to the principles of good faith and diligence, including specific diligence, pursuant to current legislation.
In particular, the User undertakes not to use the Site and its functions for illicit or unauthorized purposes, as well as to refrain from conduct that may compromise the integrity of the system, cause interruptions, damage or malfunctions. It is forbidden to use the portal for criminal activities or to carry out acts of disturbance, harassment or prejudice towards other Users or third parties.
By way of example, the User undertakes to:
- not to communicate false information about their identity or profession or use information that is not the User's property;
- not to communicate, publish, send or disseminate spam, chain letters, junk e-mails, pyramid schemes or other unsolicited or solicited material;
- not to use vulgar, offensive or contrary to morality language;
- not to carry out webscraping activities on the contents and materials published on the site which are all covered by copyright;
- not to reproduce, copy, transform, distribute or disclose the information, content or material published on the site without the prior written consent of Sferova or of third parties holding the intellectual and industrial property rights of the same;
- not to use the site with the awareness of not wanting to comply with the rules set out in these general conditions.
3. INFORMATION ON THE SITE
The information published may be subject to variations, modifications or updates, so that Users are invited, before accessing services that may involve payments or other services susceptible to economic quantification, to contact the provider of the service concerned directly to request confirmation of what has been published by the Site Owner, as well as any other useful information, before concluding the contract.
4. INTELLECTUAL PROPERTY
This website and all its contents and materials, unless otherwise specified, are the exclusive property of Sferova and protected by current legislation on intellectual and industrial property.
The User declares to know and accept that under no circumstances may he/she use, copy, distribute or manipulate (not even citing the source), for commercial or non-commercial purposes, texts, trademarks, trade names, names, analogue or digital content, information or advertising material, photos or videos and any other type of material published on the site without the prior written consent of the Company.
The communication by the User, or by persons interested in maintaining a relationship of collaboration with Sferova, of any content or material, regardless of its nature, presupposes the granting to the Company of a perpetual, irrevocable, unlimited territorial limitation, free and transferable license to use copyrights and other industrial and intellectual property rights.
The website may contain trademarks, trade names, names, analogue or digital content, information or advertising material of intellectual or industrial property of third parties. The User declares to know and accept that such content is published with the prior consent of such third parties and undertakes not to use it without respect for their intellectual and industrial property rights, even where not specified.
Any abuse and violation will be prosecuted according to the law.
6. LIMITATION OF LIABILITY
The website is provided "as is" and the User declares that he/she acknowledges and accepts that the use of the website, the contents and the material published is at his/her sole risk. Within the limits provided for by current legislation, the User declares to guarantee, hold harmless and indemnify Sferova, its employees, collaborators and partners from any compensation obligation, regardless of the nature and title of the same, which may arise to third parties in relation to the use of the site.
Without prejudice to the cases set out above and the mandatory limits of the law in the event of wilful misconduct or gross negligence, any further liability of Sferova of any kind, contractual or non-contractual, direct or indirect, for any damage of any kind that may derive from the use of the website and the services promoted and offered therein, is in any case excluded.
The Company declines all responsibility for any prejudice or damage suffered by Users in relation to the impossibility of using the website, its contents or material, or the suspension and discretionary interruption of the same; the failure or faulty functioning of the electronic equipment of Users or third parties; the erroneous or inaccurate content of the information indicated on the website, in magazines or in any other informative or commercial material published on the website and owned by Sferova or other third parties.
The User declares to know and accept that the Company cannot in any way be held responsible for the operation or content of third-party websites, third-party content, material published by external resources that are published by hyperlink (the "links") or advertising banners or other promotional communication tools (e.g. videos, commercials, advertorials, widgets, etc...) on this website and on which the User has relied.
7. MANDATORY INFORMATION PURSUANT TO LEGISLATIVE DECREE NO. 206/2005 AND THE REGULATION UE 14/2013.
The information and promotional services offered by the Site are aimed at professional subjects and subjects who can be qualified as "Consumers" pursuant to art. 3 of Legislative Decree 206/2005.
The Site does not directly promote the conclusion of contracts, therefore the rules applicable to the Consumer in the event of withdrawal pursuant to art. 52 et seq. of Legislative Decree 206/2005 nor the specific disclosure obligations provided therein for Sferova.
All Consumer Users will be able to browse the Site and use the services offered free of charge, upon registration, if required for certain services.
Pursuant to and for the purposes of Article 141 sexies of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code"), Sferova informs all Users who are "Consumers", as defined by art. 3, paragraph 1, letter a) of the Consumer Code, that any dispute relating to the use of the services offered by the Site and that cannot be resolved amicably may be referred to alternative dispute resolution bodies (ADR – Alternative Dispute Resolution) identified by articles 141 bis et seq. of the Consumer Code and whose identification and contact details may be requested from Sferova.
To this end, pursuant to Article 14 of EU Regulation no. 523/2013, Sferova informs the Users concerned that a European platform for the "online" resolution of disputes (ODR – Online Dispute Resolution) has been established, which can be consulted on the http://ec.europa.eu/consumers/odr website, where it is possible to find further information on the use of alternative dispute resolution bodies and consult an updated list of ADR entities, to find their contact details, including the link to the relevant website, as well as any information useful for bringing the matter before one of the said bodies and resolving the dispute electronically.
The User who qualifies as a consumer who is resident in another State of the European Union will also be able to access the European procedure referred to in Council Regulation (EC) No. 861/2007 of 11 July 2007, available on the www.eur-lex.europa.eu website, for the resolution of small claims. The procedure may be initiated on condition that the value of the dispute, net of legal interest, rights and expenses, does not exceed the total amount of € 2,000.00. In the event of disputes arising from the use of the services offered by the Site, the User qualifies as Consumer will also be able to take action against the judicial authority of the mandatory Court of their domicile or residence.
8. FINAL PROVISIONS
Sferova reserves the right to modify these general conditions at any time, giving notice in a specific section of the website with an indication of the new term of effect of the same. It is the User's responsibility to periodically check that the general conditions of use of the site have been updated, which will be considered known and accepted after the term indicated therein.
These general conditions are governed by Italian law.
Any information, communication and complaint relating to the content of these conditions or to the use of the site, its contents or material, or to the services offered by the Company may be addressed to email info@sferova.com.
Any dispute relating to the interpretation and execution of these conditions will be referred to the exclusive jurisdiction of the Court of Bergamo, without prejudice to the application of mandatory forums provided for by law, such as the Consumer Court referred to in paragraph 7.