These General Conditions (THE "General Conditions") for Using the Website www.lagostina.com (The "Website") managed by Lagostina S.p.A. with registered office in Omegna, Via Magenta 6, Tax ID Code No. IT00123100034 govern the activities carried out on the Website and every user that accesses the Website recognises and accepts these General Conditions. The user browsing the Website pages is bound to comply with the following General Conditions.
Access to the Website and any action that involves browsing through its web pages represent acceptance of the following General Conditions.
In the event that the user does not intend to accept the General Conditions, he must immediately leave the Website. Furthermore, anyone accessing the Website declares himself to be of age and commits not to use the Website and the material contained herein for any unlawful purpose or otherwise contrary to the applicable rules of law.
The user of the Website is urged to carefully read and frequently reference this document. The General Conditions may, in fact, be modified by Lagostina S.p.A. at any time, publishing the updated version of the General Conditions on the Website with no prior notice.
Should the Website pages offer goods and services or present content subject to specific terms and conditions set out in the pages, they shall prevail over these General Conditions.
Contents of the Website
The Website may contain links either to third party websites or to websites of companies belonging to the group that Lagostina S.p.A. belongs to, Groupe Seb. Hypertext links have the sole purpose of assisting the user's browsing with no relationship being implied between the Contents of the Website and that of the third party website, and regarding which Lagostina S.p.A. has no control and does not provide any guarantee.
Furthermore, we would like to remind you that any third party websites available through links on the Website are governed by different and separate terms and conditions with respect to these General Conditions and that they fall outside the same.
Intellectual and industrial property rights
All content, trademarks, domain names and distinctive marks reproduced on the Website (jointly defined as the "Contents of the Website") are the exclusive property of Lagostina S.p.A. and its licensors. By way of example, but not limited to, the Contents of the Website include:
- graphs and tables;
- audio reproductions;
- drawings and animations;
- any graphical and/or text representation in general.
Within the limits set by the law, it is not possible to use the Contents of the Website, to copy and/or to reproduce, in whole or in part, the Contents of the Website or perform any other activity related to the Contents of the Website without the explicit authorisation by Lagostina S.p.A.
Characteristics of the service
Although Lagostina S.p.A. implements the most innovative and latest technological solutions to ensure the Website is constantly accessible and free from faults, it hereby gives notice that the Website might not be reached by and/or compatible with the computer systems used to access it or free from errors, viruses and/or further computer systems malfunctions. Lagostina S.p.A. does not provide any guarantee in relation to the correct operation and absence of errors and/or viruses on the Website. Consequently, anyone accessing the Website explicitly acknowledges and accepts that its use must be understood as being on an as available basis.
Methods of Website use
In addition to the provisions of paragraph 2 above, the Contents of the Website may not - within the limits set forth by law - be copied, reproduced, republished, loaded, transcribed, broadcast or distributed, either wholly or in part, in any manner or form, without the prior written authorisation by Lagostina S.p.A., without prejudice to the possibility of printing, downloading and displaying the Contents of the Website for exclusively personal and non-commercial purposes and on condition the material in question is not modified in any way and all information relating to intellectual and/or industrial property rights set out herein is retained.
At the same time, the Contents of the Website may not be distributed - either wholly or in part - through communication channels, such as the internet, television or radio systems or of any other type without the prior written authorisation by Lagostina S.p.A.
Furthermore, the Contents of the Website may not be used for commercial purposes such as, among others, setting up databases of any kind, nor can the Contents of the Website be archived (either wholly or in part) in pre-existing databases, either exclusively accessible by the entity setting them up or made available to third parties.
It is possible to create links to the Website and/or any page of the Website only with the prior written authorisation by Lagostina S.p.A.. To this end, a request must be sent by e-mail to email@example.com which shall specify: (a) data related to the person responsible for technical aspects of managing the link (including e-mail address and telephone number); (b) data regarding the requesting company; (c) specifying the website where the link to the Home Page will be inserted; and (d) any other information deemed useful to obtain authorisation by Lagostina S.p.A..
Where authorised by Lagostina S.p.A., the links to the Website shall strictly comply with any instructions contained in the written authorisation sent by Lagostina S.p.A. and shall involve no modification or alteration to the Contents of the Website.
Without prior written authorisation by Lagostina S.p.A. it is in no way permitted to add links to the Website home page nor to any internal or ancillary Website pages, setting up in fact a so-called "deep link", nor connect or present the Contents of the Website within another Website, thereby implementing so-called "framing". In this connection it is highlighted that infringement of the above provisions establishes the elements of unfair competitive conduct, punishable under existing regulations on the matter.
Lagostina S.p.A. informs the user that the Website uses “cookie” technology.
In particular, during Website access and browsing, some information of a non-personal nature may be gathered concerning the user's computer. This type of information includes, by way of example:
the type of browser used (for instance, Internet Explorer, Mozilla Firefox, Google Chrome);
the domain name from which the user accesses the internet;
the website from which the user has reached the Website;
the date and time of access;
the pages that have been visited.
This information is collected through the user's browser by so-called cookies. Cookies are small data files , often containing an anonymous ID code, that are sent from a Web server to the user's browser and may later be stored on the hard disk of the user's computer.
The cookie is then read again and recognised by the Website that sent it every time it is revisited. Cookies contain information that make it possible to store the user's browsing preferences thus customising a website according to the user's needs.
The Website does not use cookie to transmit information of a personal nature, nor does it use so-called persistent cookie of any kind, i.e. user tracking systems.br> The cookiecollected by Lagostina S.p.A. through browsing the Website are temporary (they do not remain on the user's hard disk when the browsing session is concluded) and exclusively consist of so-called session cookies , required to enable proper Website operation and safe and efficient browsing.
Lagostina S.p.A. may use cookie for statistical purposes in connection with the use of services available through the Website and for the purpose of improving user experience. In this case, cookies will exclusively be used in anonymous form.
Most browsers are set to accept cookie, but it is possible to change browser settings to reject cookie or to notify the user when a website tries to save a cookie.
The User may decide to reject/disable cookiefrom the Website, where the browser provides this option, but in that case, some Website pages may not be reached and/or may not work properly.
In any case the User is advised to check the browser's instructions and settings.
Finally, we would like to inform the user that access to the Website, viewing its contents and using the services offered within the Website allows the web server to automatically record so-called "system logs", i.e. information that the user's browser sends during Website browsing. This information consists of the web pages requested by the user, documents viewed, modified or created, the internet protocol (IP) address, browser type, browser language, date and time of the request.
This information and browsing data, like cookies, are exclusively used to obtain anonymous statistics information on Website use and to monitor its proper operation. This data may also be used to ascertain liability in the event of any computer crimes against the Website..
Material sent to Lagostina S.p.A.
Sending any material by Website users to Lagostina S.p.A., by e-mail or through the Website, shall imply implicit authorisation to freely reproduce, use, disclose, show, transform, use the same to make copies and distribute the material to third parties with no limitations. Similarly, within the limits set forth by the law, any text, ideas, concepts, know-how and/or technical knowledge contained in the material in question may be freely used and economically exploited by Lagostina S.p.A. for any purpose, including, but not limited to, development, production and marketing of products using the same material or connected to the same. By sending the material to Lagostina S.p.A. the user declares and guarantees that they are the exclusive proprietors, or have in any case obtained the right to freely use it, with subsequent total exclusion of the risk that its use may result in a breach of any third party's rights.
Applicable Law and Court of Jurisdiction
The General Conditions are governed by Italian law and in the event of a dispute relating to these General Conditions and to the Website, the court of Milan shall have exclusive jurisdiction, without prejudice to the competence of the court where consumers reside. Access to the Website abroad Anyone accessing the Website from a country other than Italy is bound to behave in full compliance with the General Conditions and laws in force in this country, and they explicitly guarantee they shall not use the Website and material it contains in such a way as to result in a breach of the aforementioned laws.
Website modifications or integrations
Lagostina S.p.A. informs you that it may at any time, in full autonomy and at its own discretion replace, add, modify and/or integrate the Website and/or material it contains as well as the technology used. In this regard, Lagostina S.p.A. explicitly informs you that these activities may involve temporary or definitive impossibility to access the Website and/or its contents.
Personal data collection
In order to freely access the available services and tools on and via the Website, the user may be required to provide some personal data concerning them, on a purely voluntary basis (including, but not limited to, name and surname; date of birth; address; e-mail).
Without prejudice to the more detailed provisions on personal data handling set out in the Information as per article 12 below, it should be noted that the personal data provided by the user by filling in forms on the Website are used by Lagostina S.p.A. to answer questions put by the user, as well as to allow users to use the services and tools available and accessible through the Website, receive e-mail and information.
Newsletter / Notices
Users who have filled in the suitable forms on the Website are offered the possibility of receiving newsletters or notices by e-mail also in connection to initiatives and events organised by Lagostina S.p.A. (such as, by way of example, Accademia del Sapore). To access this service, the user is asked to necessarily provide the following information: e-mail address and password. The user may decide to no longer receive either notices or newsletters at any point. For this purpose they will be required to follow the instructions contained in the footer of every newsletter. In this way, the User shall be deleted from the recipient list of the notices / newsletters.
Communication sent by the user
The user is informed that requests for information or notices sent by the user by filling in the suitable screens on the Website, or other instruments, to the addresses provided on the Website may be stored by Lagostina S.p.A. for the time strictly necessary to fulfil the said requests and/or provide answers to the questions, as well as to improve the services offered through the Website.
Pursuant to article 13, Italian Legislative Decree 196/2003 bearing provisions to protect personal data (the "Privacy Code"), Lagostina S.p.A. with registered office in Omegna, Via Magenta, 6, as Data Controller for the Website, informs the user that personal data supplied by the them and acquired upon (i) request for information on the services offered by the said company and/or filling in forms on the Website, (ii) at the time of browsing the Website through the so-called system "logs" shall be handled for the following purposes:
for aims strictly connected and/or necessary to fulfil the requests made, from time to time, by the user through the Website or by e-mail or other means of communication;
for purposes related to the need to comply with obligations imposed by laws, regulations and EC regulations as well as provisions issued by legitimately authorised bodies, by law or by vigilance, and control bodies or to defend a right with the competent authorities;
to send, even by e-mail, newsletters and/or notices related to initiatives or events organised by Lagostina S.p.A., since the service is connected to registration on the Website and is performed on the user's request.
In connection with the above purposes, data shall be handled through IT and/or computer tools, or on paper, and in any case using suitable instruments that ensure compliance with the requirements of confidentiality and security measures set forth by the Privacy Code. The computer and software systems will be configured to minimise the use of personal and identifying data that are not necessary for the purposes described above.
is compulsory to achieve the purposes referred to in points (a) and (b) above, with the consequence that, in that event, any refusal to provide them will result in the inability by Lagostina S.p.A. to satisfy and fulfil the user's requests or reports and for the latter to obtain the related service available through the Website.
With regards to data provision for the purposes as per point (c) above, the user - upon data collection or when sending any notice for the purposes as per point (c) mentioned above - shall have the right to express their opposition to the processing of data by following the instructions in every notice or by sending a request to that effect to Lagostina S.p.A. as specified below. To offer certain services and/or to perform certain activities, data processing is carried out either directly by Lagostina S.p.A. or by external entities, as responsible for or appointed to process the data, to whom data may be provided to fulfil the purposes specified above or under specific legal obligations, specifically:
a) a) to the entities, natural and/or legal persons, appointed by Lagostina S.p.A. to perform technical operations for repair, routine and extraordinary maintenance, restoring and updating of the Website;
b) to the entities, natural and/or legal persons, appointed by Lagostina S.p.A. to deal with and manage the preparation and/or sending of the newsletter.
An updated and comprehensive list of these entities is available to the user and anyone involved from the premises of Lagostina S.p.A.
In any case, the data shall not be disclosed.
With no prejudice in any case to the possibility for the user to exercise the rights provided for in Article 7 of Italian Legislative Decree no. 196/2003, which is transcribed below in full.
“Art. 7. Right of access to personal data and other rights
1. The person concerned has the right to obtain confirmation of the existence or otherwise of personal data concerning them, even if not yet registered, and their communication in intelligible form.
2. The person concerned has the right to obtain indication:
a) on the origin of the personal data;
b) on the purposes and methods of treatment;em>
c) on the logic applied in the case of processing done with the aid of electronic instruments;
d) on the identification details of the Data Controller and Data Processor and their designated representative pursuant to article 5, subparagraph 2;
e) on the entities or categories of entities the personal data may be communicated to or who might become aware of the data as designated representative in the territory of the State, of persons responsible or in charge.
3. The person concerned has the right to obtain:
a) update, rectification or, when interested, integration of data;
b) deletion, transformation into anonymous form or blocking of the data treated in breach of the law, including that data which do not need to be stored for the purposes for which the data were collected or subsequently processed;
c) certification that the operations under letters a) and b) have been made known, also with regards to their content, to those to whom the data was communicated or disclosed, except where this proves impossible or involves use of means manifestly disproportionate to the protected right.
4. The person concerned has the right to oppose, wholly or in part:
a) for legitimate reasons to the treatment of personal data, even if pertinent for the purposes of collection;
b) to the processing of their personal data for the purpose of sending advertising materials or direct sales or for carrying out market research or commercial communication”.
The rights under art. 7 above may be exercised by the person concerned, at any time, by writing to Lagostina S.p.A., Omegna, Via Magenta, 6, e-mail firstname.lastname@example.org.