Recapiti

Terms of Use of the Site

This website ("Site") is owned by Franklin & Marshall Holding Limited, a company incorporated with limited liability in Hong Kong, having its registered office at Units 2103-08 Two Harbour Square, 180 WAI Yip Street, Kwun Tong, Kowloon, Hong Kong the (the "Owner") and is managed by Franklin S.r.l. a company incorporated in Italy having its registered office at VIA COSTA DEL BUSO 1, NEGRAR DI VALPOLICELLA (VR), Italy, and holding VAT no. BNCMRA63L10L781U (“F&M”).

 

Access to and navigation on the Site implies acceptance of the provisions set out in these terms of use of the Site ("Terms of Use of the Site" or, in abbreviated form, "Terms of Use") by the user ("User"). Users who do not accept the content of the Terms of Use should stop access to and navigation of the Site.
The Terms of Use are part of the legal terms of this Site.
F&M reserves the right to modify, in whole or in part, the Terms of Use. Users who do not accept such modifications should consider whether or not to continue navigating; in fact, use of the Site following the publication of the aforementioned modifications represents acceptance of the same on the User’s part.

1. Site Activity

The Site displays, publishes, promotes, sells and distributes products ("Products") under the registered trademarks of the Owner (together, the "Owner’s Trademarks"), whether registered or unregistered.

Users are invited to provide true and accurate personal information and to update their personal information (“Personal Information”) as provided at registration where such is out of date, and to read the Privacy Policy in relation to the processing of Personal Information and the rights of Users set forth by the applicable privacy protection law.

2. Intellectual property

All content included on this Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, designs, diagrams, layouts, methods, processes, functions and software (collectively, "Content"), is the property of the Owner, F&M, their licensors or content providers (as the case may be), and is protected by intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of F&M.

F&M shall have the exclusive right to authorize or prohibit in its sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. F&M shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content.

All the Owner’s Trademarks, both registered and unregistered, commercial names, logos and other distinctive signs of the Products and services used, visualised and howsoever contained on the Site are the exclusive property of the Owner, subjects connected to the Owner or the respective licensors or content providers.
These Terms of Use do not confer either on the Users or on the customers that buy Products or services on the Site ("Customers"), or to third parties, any right to use the Owner’s Trademarks; Users, Customers and third persons are reminded moreover that the use of such Trademarks for business, commercial or promotional purposes is strictly forbidden without the prior written consent of the Owner or F&M.

3. Links to other Websites

The Site may contain links to other web sites which are in no way connected to the Site or F&M. F&M do not control or monitor such third party web sites or their contents. F&M shall not be held liable for the contents of such sites and/or for the rules adopted by them in respect of, but not limited to, the Users privacy and the processing of the personal data of the Users when they are visiting those web sites. The Users are advised to pay attention when they access these web sites through the links provided on the Site and carefully read their terms and conditions of use and their privacy policies. These Terms of Use and the Privacy Policy do not apply to the web sites of third parties. The Site provides links to other web sites exclusively to help its Users in searching and surfing the Internet and to allow links to web sites on the Internet.

4. Disclaimer

This Site and its Content are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. No written information given through this Website or in relation to its Content shall create any representation or warranty, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose. F&M expressly disclaim any representations and warranties.
To the maximum extent permitted by the applicable laws, in no event shall F&M be liable (on whatever basis, either contractual and non-contractual) for any direct, indirect, incidental, ancillary, financial or non-financial damage whatsoever (including, but not limited to, damages for loss of profit or revenue, data or programming) arising out of:

(a) the use of this Site, including, but not limited to, any loss or damage caused by any delays, inaccuracies, errors or omissions in any information accessed on or through this Site,
(b) any transaction concluded through or from this Site,
(c) the Users inability to use this Site for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or through this Site,
(d) the deletion, correction, damage, loss or failure to store any information concerning or transmitted on this Site, or
(h) any other matter relating to this Site.

Notwithstanding the foregoing, nothing in these Terms of Use shall exclude or limit the liability of F&M for death or personal injury caused by its negligence, nor for cases of fraud, willful misconduct, or gross negligence, or any other liability which cannot be lawfully excluded or limited under applicable consumer protection law.

5. Personal Accounts

In the event of the creation of a personal account on the Site (“Personal Account”), the User commits to provide Personal Information which is true and accurate at the time of registration and to update it regularly.
Registered Users are invited to store their Personal Account access credentials in an appropriate manner and not to divulge them. Registered Users must communicate promptly to the Site any unauthorised use of the Personal Account access credentials.
Registered Users are responsible for all activity carried out via their Personal Account and may be held liable for any damages of any kind resulting from the improper use of their Personal Account access credentials or for any abuse of the services provided by the Personal Account.

6. Limitation of liability

The information regarding the Products on the Site is intended and published merely for descriptive or promotional purposes.
The look and colours on the Site depend on the settings of the User’s device and it is impossible to guarantee that the User’s device will correctly display the colours and images published on the Site.
The Site can modify or remove, temporarily or permanently, certain Products and/or services, or modify the retail prices of such Products or services, without providing any prior notice to Users regarding such modifications.
To the maximum extent allowed by the applicable law, F&M will not in any case be liable to Users, Customers or third parties for any damage or loss deriving from the use of the Site and/or the Site Content, including information contained on the Site (and, in particular, information relating to the Products ).

Notwithstanding the foregoing, nothing in these Terms of Use shall exclude or limit the liability of F&M for death or personal injury caused by its negligence, nor for cases of fraud, willful misconduct, or gross negligence, or any other liability which cannot be lawfully excluded or limited under applicable consumer protection law.
7. Users conduct

By downloading and/or using the Site, the Users agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site.

The Users also agree not to:

1. attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit this Site to any third party, or jeopardize the correct functioning of this Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies this Site; 
2. attempt to gain access to secured portions of this Site to which Users do not possess access rights;
3. impersonate any other person while using this Site;
4. use this Site for any obscene or immoral purpose;
5. use this Site to generate unsolicited advertisements or spam.

8. Submissions

Each User agrees that any proposals, designs, concepts, photographs, testimonials, and other items or material (except for User’s personal information) disclosed or submitted to F&M through this Site or by other means (hereinafter "Submissions") are neither confidential nor proprietary to him or her. By making a Submission, the User grants F&M a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission in any media for any purpose. The User warrants they own or control all rights in the Submission and it does not infringe third-party rights. F&M claims no ownership of Submissions and moral rights are reserved to the User where applicable. F&M has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay the User or anyone any compensation for any Submission or for using a Submission; (iii) to respond to or acknowledge any Submission. By making a Submission, the Users agree that F&M have the right, but not the obligation, to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to the Users or to any other person. The Users are and shall remain solely responsible for the content of any Submission they make.

9. Applicable Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with Italian law, without prejudice to any mandatory consumer protection provisions applicable in the User's country of habitual residence. Any action arising out of or relating to these Terms of Use brought by a User shall be subject to the exclusive jurisdiction of the courts of the place where the User is domiciled or resident.

 

With reference to the process for purchasing Products, Users are invited to read the: Terms and Conditions of Sale.