Art. 1 – Introduction
The terms and conditions hereby govern the use and the registration to the portal www.rubeusmilano.com owned by Rubeus S.r.l., a single member company incorporated under the laws of Italy, with registered office at Via Bigli no. 2, 20121, Milan, Italy, registered with the Companies Register of Milan at no. MI - 2093204, Tax Code No. 09481440965.
Art. 2 – Definitions
- General Terms of Purchase: general terms apply to orders of Products sent by Users through the Website.
- Consumer Code: Legislative Decree. no. 206/2005.
- Consumers: the natural persons acting, in their name and on their behalf, for purposes other than their business, commercial, craft or professional activity, according to art. 3 of Consumer Code.
- Credentials: e-mail and password provided by the User on the Registration Form and necessary to login to Profile and Orders Service.
- Registration Form: the form Consumers must fill online for the Registration on the Website and the use of Services available at the address rubeusmilano.com/users/sign_up.
- Orders: orders for the purchase of Products forwarded to Rubeus trough the Website.
- Products: products offered for sale by Rubeus through the Website.
- Profile: Users’ personal area with the functions set out under paragraph 4.6.
- Registration: procedure for registration on the Website set out on article.4.
- Rubeus: Rubeus S.r.l., a single member company incorporated under the laws of Italy,with registered office at Milan, Italy, Via Bigli n. 2, 20121, Milan, Italy, registered with the Companies Register of Milan at no. MI - 2093204, Tax Code no. 09481440965.
- Services: services offered by Rubeus to Users registered on the Website.
- E-Commerce Service: Services set out under letter
a) of the following paragraph 4.5. Newsletter Services Services set out under letter
b) of the following paragraph 4.5.
- Website: the internet portal available on www.rubeusmilano.com and the related subdomains. “Website” means webpages (individually and collectively considered, both in their external appearance as well as in their inner content) under the “rubeusmilano.com” domain, layouts and graphics, html codes, the structure, the organisation, the choice of contents, the coordination, the look and feel, the technologies and software programs, processes and methods used for the running of the Website and, in general, the constitutive elements of the Website.
- User/Users: Consumers registered on the Website.
Art. 3 – Use of the Website
3.2 The Affiliate also agrees not to:
a) use software programs or other automatic or manual mechanisms to copy (including by framing or redirecting procedures) the web pages of the Website or its content;
b) copy, reproduce, alter, modify or disclose the contents of the Website;
c) use any mechanism, software or procedure that may interfere with the proper working of the Website.
Art. 4 – Registration
4.1 To use the Services Users must register on the Website by filling out the Registration Form. Each User can take advantage of a single registration.
4.2 To register to the Website, the Consumer who has turned 18 must fill out the Registration Form, inputting, among other things, his/her own:
c) date and place of birth;
d) e-mail address;
e) shipping address;
4.3 User while filling out the Registration Form must also:
b) give the eventual consent to avail the Newsletter Services.
4.4 The Registration will be confirmed by e-mail to the User that, in order to complete the registration process, shall click the appropriate link content in the communication received.
4.5 The registration allows the User to:
a) submit to Rubeus orders for the purchase of the Products subject to the terms and conditions of the General Conditions of Purchase;
b) to receive at the e-mail provided in the Registration Form, the commercial information of Rubeus, after expression of his/her consent according to letter
b) of paragraph 4.3 above; c) access to his/her Profile. 4.6 Access to Profile allows Users to consult (and where required to modify) the following information:
a) User data;
b) shipping address;
c) previous Orders;
d) status of Orders in progress.
Art. 5 – Duration of registration
5.1 Registration on the Website is free and indefinitely, without prejudice to the right of Rubeus to discontinue the Services at any time and to the User's right to request the deletion of his/her Profile by sending the form on the Website at the e-mail address firstname.lastname@example.org , or using the dedicated procedure present in the Profile.
5.2 Rubeus reserves the right to terminate and suspend at any time the User’s Profile as well as to terminate the Services or the access to the Website, permanently or for a limited period of time, without incurring any liability.
Art. 6 – User’s Data
6.1 User guarantees the truthfulness, completeness of data provided by the Registration Form and undertakes to its timely updating through the Profile.
6.2 User undertakes not to provide data or information which are incorrect, false, incomplete or related to other subjects and is aware that any inaccuracy in the data and information provided could entail consequential damages for himself/herself, to others and to Rubeus.
Art. 7 – Credentials
7.1 At the end of the Registration process, User may access the Website by entering his/her e-mail and the password provided with the Registration Form. 7.2 Credentials allow the User to access to the Profile and Services.
7.3 Credentials are secret and personal, are not transferable to third parties and must be used exclusively for the access to the Profile and Services.
7.4 The User shall take all the measures to ensure the confidentiality and secrecy of his/her Credentials. User will therefore be responsible for any use that will be made of the same. All activities carried out on the basis of Credentials will be unquestionably attributed to the User owner of the same.
7.5 The User agrees to promptly notify Rubeus any loss, theft, misuse or improper use of his/her Credentials or any other breach of security that he/she has become aware of.
7.6 The User undertakes to amend his/her password immediately, making use of the procedure present in the Profile, if it can be considered that it has come to unauthorized third parties’ notice.
7.7 The User hereby agrees to indemnify and hold harmless Rubeus from any damage and prejudicial consequences caused, directly or indirectly, by the misuse or improper use of the Credentials.
Art. 8 – Intellectual property rights and
8.1 The Website and all materials and documents published therein, of any nature whatsoever (for example, sound’s files, video, photographs, individual images or sequences of moving images, drawings etc.) are the full and exclusive property of Rubeus.
8.2 The trademarks, names, trade-names, domain names, logos, and in general, any distinguishing sign used in the Website, are the full and exclusive property of Rubeus, or, in any case, of its successors, and protected in accordance with applicable laws. Any reproduction or use is prohibited.
8.3 Websites to which User may access through links within the Website are the property of third parties and, therefore, out of control of Rubeus.
Art. 9 – Disclaimer of warranties and limitation of liability
9.1 The Website is offered “as it is”, in the state of fact and law on which it is located. Rubeus does not guarantee and makes no representation about the accuracy, reliability or completeness of the Website and Orders Service.
9.2 Access to and use of the Website and the Services shall be under the User’s sole responsibility and under his/her exclusive control. Subject to the extent required by law, no responsibility can be attributed to Rubeus, in case of damages caused by the use or non-use of the Website.
9.3 Rubeus does not warrant or represent that the User access to and use of the Website and the Services will take place in a continuous. uninterrupted, secure and error-free manner.
9.4 Unless intent or gross negligence, Rubeus cannot be held liable for any damage arising from or in any way connected with the use or inability to use of the Website and/or of the Services. Rubeus, in particular, cannot be held responsible in case of malfunctioning of the Website including the case of suspension and / or termination of the Services, which are due to technical problems, to force majeure or impossibility, including the case of fraudulent acts committed by third parties.
9.5 Rubeus cannot be held responsible in any way for the content of websites accessible through the links and in the manner set out in paragraph 8.3.
Art. 10 – Communications
10.1 Any communication to the User will be sent by Rubeus (and its agents) to the email address indicated by the User in the Registration Form and possibly subsequently updated in accordance with art. 6. Appropriate information and news will also be transmitted on display when accessing the Website using the Credentials.
Art. 11 – Applicable law and Jurisdiction