Art. 1 – Object
- The general conditions of use represent the access and use of the Bike-Room website, accessible through the URL: www.Bike-Room.com, (hereinafter the “owner”) and are disciplined by the present general conditions of use.
- This website is owned by:
Company Bike-Room S.r.l.
Head office: Via Vittorio Emanuele II, 1, Brescia (BS) Italy
VAT number: 041 116 109 88
Registered at REA, number BS-589222
- By accessing the Bike-room.com website, as well as by purchasing any products listed on the platform, users implicitly acknowledge and accept the present general conditions of use.
Art. 2 – Changes to the conditions of use
- The owner may modify or simply update, in whole or in part, these general conditions of use. Changes and updates to the general conditions of use will be notified to users on the Bike-room.com home page as soon as they are in use. They will be binding as soon as they get published on the website in this same section. Access to and use of the site presuppose the user’s acceptance of these conditions of use.
Art. 3 – Intellectual property
- The contents presented on the website, such as works, images, photographs, dialogues, music, sounds and videos, documents, drawings, logos, and any other material, in any format, published on the site itself, including menus, web pages, graphics, colors, schemes, tools, fonts, and design of the website, diagrams, layouts, methods, processes, functions, and software which form part of the website, are protected by copyright and by any other intellectual property right of the owner or any third parties contracted by the same. It is forbidden to reproduce, in whole or in part, in any form, the website and its contents without the express written consent of the owner.
- The user is only authorized to view the website and its contents by using the services available there and without economic purposes. The user is also authorized to temporarily reproduce its content transiently or incidentally, being its main characteristic and essential part of the display and use of the website and its contents. All other navigation operations on the website are to be performed for legitimate use only.
- The user is not authorized to reproduce the website and its contents in any way, on any device, in whole or in part. Any act of reproduction must be, from time to time, authorized by Bike-Room or, if necessary, by the authors of the individual works contained in the site. Such reproductions must be carried out for lawful purposes only. They also have to be in compliance with copyright and other intellectual and property rights of the authors whose individual works are contained on the website.
Art. 4 – Website use and user’s responsibility
- The access to and use of the website, the visualization of its content, the communication with the owner, the possibility to download product information, and its purchase on the website are activities that can be carried out by the user for personal purposes only. No commercial, entrepreneurial or professional use is permitted.
- The user is personally responsible for the use of the website and its contents. The owner will not be held responsible for the illegal use of the website and its contents by each of its users, except for cases of liability for fraud and gross negligence. Specifically, the user is the only one responsible for reporting incorrect or false information and data. Furthermore, the user has to report any abuse regarding third parties who did not give their consent to publish their personal information, as well as in the case that such information is incorrect.
- Any downloaded or otherwise from the website obtained material is the user’s responsibility and the consequences of such actions are at the user’s risk. Therefore, they are also held responsible for any damages to computer systems or loss of data resulting from the downloading operations, which cannot be attributed to the owner.
- The owner refuses responsibility for damages resulting from the impossibility to access the website services, from viruses, corrupted files, errors, omissions, interruptions of service, deletion of content, network-, provider-, telephone- and telematic-related issues, unauthorized accesses, alterations of data, failed and/or defective functioning of the user’s devices.
- The user is held responsible for the correct use of their personal information, including their personal credentials and the damage that the loss, theft or misuse of that information would cause to Bike-room and third parties.
- The owner has taken all reasonable measures to prevent the publication of content and images that may harm people’s decency, human rights and dignity, in all possible forms and expressions. Should such content be perceived as offensive for someone’s religious beliefs, ethics or decorum, the user is asked to communicate this condition to the owner. However, the user accesses such content at his own will and under his own responsibility.
- Furthermore, the owner has applied any possible solution to make sure all the information available on the website is correct, complete and up-to-date. However, the owner cannot guarantee the accuracy nor the completeness of such information, unless otherwise stated by the law. Should the user ever find a mistake or out-of-date information on the website, he is kindly asked to share it with the owner using the following email address: firstname.lastname@example.org.
Art. 5 – Personal Account
- The user may register on the website to benefit from its products and/or services. The user may use an area of the site which is exclusively dedicated to them, called “login”. Through this area, they will access and be able to check the status of their operations.
- By registering on the website, the user must provide an e-mail address or username (hereinafter the “id”) and a strictly personal access password. Both id and password cannot be used from two or more locations simultaneously and the user can not give or transfer them to third parties, if not under its full and exclusive responsibility. In this regard, please note that the user will be held responsible to the owner and any third party for all actions, transactions and fact occurred or performed through the use of id and/or password entered.
- The user is obliged to preserve his id and password with confidentiality and secrecy and is furthermore required to promptly inform the owner of the theft or loss of their login data. This communication has to be made by email or registered mail so that the owner can immediately suspend the user’s account.
- Should an unauthorized entity access the user‘s account and/or should they lose their ID or password more than three times, the owner reserves the right to remove the user’s account without allowing the user to file any claims.
- The owner cannot be held directly or indirectly responsible, in any form or on the basis of any liability scheme, for injuries or damages of any kind resulting from or related to their failure to comply with the instructions of this article.
- The owner reserves the right to block a user’s access to their customer area and/or interrupt the operation of their id and/or password if they consider that there has been a substantial violation of these general conditions of use and in particular of what is provided below, or if the user makes illegal or improper use of the services of the site.
- The user is also required not to carry out nor to allow third parties the following behavior (not exhaustive and constantly updated): uploading or creating any data or content within the customer area that violates the law, regulation or the rights of third parties (including, but not limited to, trade secrets or of third parties’ personal data); using the owner’s services in a way that differs from the one in which they were provided; carrying out actions that aim at circumventing, disabling or interfering with security applications of the website or other applications that prevent or limit the use of any material on the website for unlawful purposes or violating any applicable law; interfering with or damaging services and systems of the website, limiting other users’ enjoyment of its content by any means whatsoever, including the upload of files or otherwise disseminating viruses, adware, spyware, bugs or other harmful electronic tools; taking any action to avoid robot exclusion tools or other measures that the website may use to stop unauthorized access to its services.
Art. 6 – Exclusion of responsibility
- As indicated above, the owner takes care of and maintains the website and its content with the utmost diligence. However, does not assume any responsibility for the correctness, completeness and timeliness of the data and information provided on the website or other websites linked to it. Any mistake deriving from the use of data and information of the website is therefore not the responsibility of the owner.
- The owner refuses all responsibility, including errors and their correction, the responsibility of the hosting server. It is also not responsible for the use of the information contained, their correctness and reliability. In no case, including negligence, the owner will be responsible for any direct or indirect damage that may result from the use of, or the inability to use, the materials on the site.
Art. 7 – Restrictions on the provision of the service
- The owner is not responsible for damages that derive from the missing service of their website, caused by incorrect or failed operation of electronic means of communication which could not be foreseen. The following are just examples of circumstances that the owner might not see coming and for which they are not responsible: malfunctioning of servers and other electronic devices, even if they are not part of the Internet network; malfunctioning of the installed software; computer viruses as well as hackers and other users’ attacks. The user commits therefore not to harm and lift the owner from any responsibility and/or request in this regard.
Art. 8 – Brands
- All the brands and the distinctive badges on the website, also related to single activities carried out by the owner, are exclusive property of the owner or of the companies he refers to. Therefore, any unauthorized use and any use not in accordance with the law is strictly prohibited and has legal consequences. It is not allowed to use these trademarks and any other distinctive feature on the website to take unfair advantage, even indirectly, of the distinctive character or reputation of the owner’s trademarks or as to prejudice themselves and their owners.
- The domain www.Bike-Room.com as well as the various declinations and subdomains are the property of the owner. No use, even indirect, is allowed unless specifically authorized in written form by the holder or holders.
Art. 9 – Data processing
Art. 10 – Safeguard clause
- Should one of the clauses of these general conditions of use be null and void for any reason, this will not compromise in any case the validity of and compliance with other provisions contained in these general conditions of use.
Art. 11 – Contacts
- Any request for information may be sent by email to: email@example.com or by post to the following address: Via Vittorio Emanuele II, 1, Brescia (BS) Italy.
Art. 12 – Applicable law and competent court
- These general conditions of use are governed by Italian law and interpreted in accordance to it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the user. Therefore, the interpretation, execution and termination of the general conditions of use are subject exclusively to Italian law.
- Any related or consequent disputes will have to be resolved exclusively by the Italian jurisdictional authority. Specifically, if the customer is a consumer, any disputes shall be settled exclusively by the court of the place of their domicile or residence under the applicable law.