Montenapoleone 9 S.r.l.
Via Antonio Fogazzaro, 28
20135 Milan, Italy
(hereinafter “Pasticceria Marchesi” or the “Company”)
Company under the management and coordination of Prada S.p.A.
Business Registry of Milan
Taxpayer’s code and VAT no. 09060170967
Share capital Euro 1.000.000 fully paid
GENERAL TERMS AND CONDITIONS OF USE
Welcome to the Pasticceria Marchesi website (hereinafter the “Site”).
users should read the following terms carefully before consulting or using this site.
The use of this Site is governed by the following general terms and conditions of use (hereinafter the “Terms and Conditions of Use”). By entering the Site, you unconditionally agree to comply with and be bound by the following Terms and Conditions of Use and the relevant terms and conditions of sale when you make an online purchase on this Site.
The products offered on the Site are sold directly by Pasticceria Marchesi.
This Site is operated with the support of the parent company Prada S.p.A. (hereinafter collectively with its subsidiaries directly or indirectly controlled or participated “Prada Group”), an Italian corporation having its principal place of business at Via Antonio Fogazzaro 28, 20135 Milan, Italy, operating holding company of the Prada Group.
If you do not accept all the Terms and Conditions of Use, please exit this Site immediately. The Company reserves the right to modify the Terms and Conditions of Use of the Site at its sole discretion, at any time and without notice. The use of the Website after such modifications implies full acceptance of the Terms and Conditions of Use in their amended version.
1. INTELLECTUAL PROPERTY RIGHTS
The Site as a whole and all material on this Site, as well the “Marchesi” and “Marchesi 1824” trademarks, are owned and registered by the Prada Group.
All trademarks and logos, whether registered or not, displayed on the Site, including, but not limited, to the “Marchesi” and “Marchesi 1824” trademarks, are and will remain the exclusively property of the Prada Group. These trademarks and signs may not be used in connection with any product or service that does not originate with Pasticceria Marchesi or any other Prada Group’s company, in any manner that is likely to cause confusion among users or, in any manner that disparages or discredits the Pasticceria Marchesi name, the “Marchesi” and “Marchesi 1824” brands and the products bearing the “Marchesi” and “Marchesi 1824” trademarks.
You acknowledge and agree that the Site and all the content included therein, including, but not limited to, all text, information, data, images, distinguishing marks, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, reports, software, HTML codes and screens contained therein and the like (hereinafter collectively the “Content”), is owned by or licensed to the Prada Group and is subject to protection by international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world. All materials contained in the Site, except for the “e-store” section, are displayed for informational or promotional purpose. The Site may be accessed solely for own personal use and not for business reasons. Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Site, you may access, download, copy, store, manipulate, reformat, print or display any Content to which you have obtained authorized access solely for your personal use and not for business purposes. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Site, or any Content contained therein.
No right, title and/or interest deriving from or pertaining to the Content, material or software of the Site may be deemed assigned to or acquired by you as a result of your use of the Site. You agree to accept and abide by all copyright or trademark notices and other notices contained on the Site and in the Content. All rights are reserved in all countries worldwide.
The 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 Site 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. The Company expressly disclaims any representations and warranties.
In no event, shall the Company be liable (on whatever basis, both 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, even if the Company has been advised of the possibility of such damages) arising out of:
(a) your use of the 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 the Site,
(b) any transaction entered into through or from the Site,
(c) your inability to use the 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 though the Site,
(d) the deletion, correction, destruction, damage, loss or failure to store any information concerning or transmitted on the Site,
(e) the use of any products or services obtained on or through the Site,
(f) unauthorized access to the Site and unauthorized alteration to transmissions or data,
(g) statements or conduct of any third party on the Site, or
(h) any other matter relating to the Site.
Therefore, by using this Site, you undertake to bear all risks connected with such use, holding Pasticceria Marchesi or any other Prada Group’s company harmless from any damage deriving or caused by the use of this Site or connected with it.
Pasticceria Marchesi will make any effort to ensure the accuracy and timeliness of the information included on this Site but cannot absolutely guarantee that this information is complete, accurate and constantly up to date and that the Site does not contain any imperfections or that these imperfections will be corrected.
In the event that applicable laws do not allow disclaimer of liability or exclusion of the above-mentioned implied warranties, said exclusions and disclaimers may not apply to you, either wholly or partially.
Any reference to any product or service which has been or may be provided by Pasticceria Marchesi or any other company authorized by Pasticceria Marchesi for this purpose does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Material in this Site may contain inaccuracies or typographical errors. The Company is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site.
However, Pasticceria Marchesi reserves the right to modify or discontinue the Site (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.
Cookies are used in the Site to ensure that it functions efficiently and to improve our service.
Cookies are small text files sent to the user’s computer (usually to the user’s browser) by visited websites. They are stored in the user’s computer or device to be then re-transmitted to the websites on the user’s subsequent visits to those websites.
Most browsers are initially set to accept cookies. You can at any time reset your browser to reject all cookies or to notify you when a new cookie is being sent. However, rejecting cookies may prevent you from using certain functions of the Site.
You may at any moment exercise your rights pursuant to applicable laws on personal data protection including the right to obtain confirmation about the existence of your personal data at the Data Controller, and to know their source and to obtain their integration, updating, rectification, cancellation, anonymization, blocking for law infringement or to object to their processing on legitimate grounds, as well as revoke or modify your consent to processing by writing to: firstname.lastname@example.org or email@example.com.
5. LINK TO OTHER WEBSITES
The Site may contain links to websites other than its own. These websites may contain and be governed by their own terms and conditions of use, or no terms and conditions at all. Such links may be to website of other companies of the Prada Group, advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These websites may send their own cookies to you, collect information and use same in a way that is inconsistent with these Terms and Conditions of Use. The Company cannot be held responsible for those websites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those websites and external sources. In addition, the Company cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those websites or external sources.
Transmission of data over the internet is never guaranteed to be completely secure. It is possible that third parties not under the control of the Company may be able to access or intercept transmissions or private communications without our permission or knowledge.
The Company takes all steps possible to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Such transmissions are done at your own risk and the Company cannot be held liable for any breach of security which is not directly attributable to its negligent behavior.
7. ACCEPTANCE OF TERMS AND CONDITIONS OF USE
By accessing this Site, you represent and warrant that:
(a) you accept these Terms and Conditions of Use;
(b) your use of the Site will comply with these Terms and Conditions of Use.
You agree to indemnify and hold harmless the Company and any other Prada Group’s company from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses) relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Site by you.
8. GOVERNING LAW AND JURISDICTION
You agree that by entering this Site you accept the Italian law. These Terms and Conditions of Use shall be governed by and construed in accordance with the Italian laws and any action arising out or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Courts of Milan, Italy.
It remains understood that, with respect to the proper interpretation of these Terms and Conditions of Use, in case of any discrepancy between the Italian language original text and any other language translation, the Italian original text shall be deemed the binding version.
Last updated: April 1st, 2018