TERMS OF USE
1 – THE WEBSITE OWNER
The website www.montaleparfums.com/ita/en , including its mobile version (hereinafter, the Website), is owned by CLD - Creation Luxe Design, a company based in France at 68 Rue Pierre Charron, 75008 Paris, registered with the Paris Commercial Court (under SIREN number 511 450 421 and SIRET number 511 450 421 00033).
CLD - Creation Luxe Design operates as the exclusive worldwide licensee of the “Montale” brand, including within the European Union, and is the exclusive owner of all materials and content published on the Website (designs, models, illustrations, images, photographs, titles, names, product descriptions, logos, trademarks, etc.).
2 – PURPOSE
The Website is an e-commerce site enabling users to purchase online services and products such as perfumes, cosmetics and accessories (hereinafter, “Products”) offered to any user of the Website (hereinafter, the “User”).
Access to and use of the Website by any User, regardless of the purpose of their visit, whether for browsing or purchasing, are governed by these Terms of Use.
By accessing and using the Website, the User agrees to be bound by these Terms of Use. If the User does not wish to accept these Terms of Use, they must not use the Website.
In the event of the purchase of products and/or services available on the Website, the General Terms and Conditions of Sale (available at the following link: https://montaleparfums.com/ita/en/content/14-general-sales-conditios ) shall also apply.
3 – USE OF THE WEBSITE
The User is required to use the Internet responsibly and with due regard for the rights of other users of the Website and, more generally, of other Internet users. In particular, when accessing the Website, the User shall refrain from:
a. uploading to the Website, publishing, sending by email or transmitting by any other means any content that is unlawful, harmful, abusive, harassing, defamatory, vulgar, obscene, indecent, invasive of another person’s privacy, distasteful, offensive or reprehensible on racial, ethnic, religious or other grounds;
b. uploading to the Website, publishing, sending by email or transmitting by any other means any unsolicited or unauthorised advertising or promotional material, false information, chain emails and/or letters, or any other form of unauthorised commercial solicitation;
c. to upload to the Website, publish, send by email or transmit by any other means any material containing viruses or other code, files or programmes designed to destroy, damage, disrupt or restrict the operation of any software and/or hardware or any electronic telecommunications networks;
d. to interfere with or disrupt the operation of the Website or the servers or networks connected to the Website, or to breach the requirements, procedures, rules or regulations of the networks connected to the Website;
e. damage or attempt to damage the use of the Website by any User, host or network, including, without limitation, by introducing viruses into the Website, deliberately overloading or saturating the server and/or email inboxes, or falsifying TCP/IP protocol information or any other information forming part of the headers included in any email message;
f. to make, or attempt to make, any changes or alterations to any part of the Website;
g. access data not intended for the User or access a server or account to which the User is not authorised to have access;
h. attempt to ascertain or test the vulnerability of a system or network, or attempt to breach security or authentication measures without authorisation;
i. impersonate or copy the identity of another person;
j. carry out, or induce another person to carry out, any unlawful activity or any other activity that may infringe the rights of CLD Création Luxe Design, its suppliers, partners, distributors or advertisers, or any other User;
k. to circumvent or attempt to circumvent, disable or otherwise interfere with any security-related feature of the Website or any feature that (i) prohibits or restricts the use or copying of any Protected Material or content and/or (ii) enforces limitations on the use of the Website or the content accessible on the Website;
l. to transmit or transfer (by any means) information or software derived from the Website to foreign countries and/or to foreign nationals in breach of any national or international law or regulation.
m. to enter false and/or fabricated and/or fictitious data;
n. to misuse the Trade Marks.
The User undertakes to comply with all national, EU and international rules and procedures relating to online conduct and permissible content, including all applicable laws concerning the transmission of technical data, and the General Terms and Conditions of Sale (available at https://montaleparfums.com/ita/en/content/14-general-sales-conditios ).
At any time and for any reason, CLD Création Luxe Design may, at its sole discretion, implement any system enabling it to suspend and terminate, without prior notice, the User’s use of the Website or any service offered on the Website, should the User have engaged in, or there be reason to fear that they may engage in, conduct in breach of these Terms of Use and/or the General Terms and Conditions of Sale and/or any other rules set out on the Website. CLD Création Luxe Design reserves the right to claim compensation from the User for any damages resulting from a breach of these Terms of Use and/or the General Terms and Conditions of Sale and/or any other rules set out on the Website.
4 – ACCESS TO AND USE OF THE WEBSITE
The User is personally responsible for providing the IT and telecommunications equipment required to access the Website. The costs of the connection and the equipment required to access the Internet and use the Website are entirely at the User’s expense.
CLD Création Luxe Design shall not be held liable for any damage that a User may suffer as a result of such use.
CLD Création Luxe Design accepts no liability for any damage, regardless of its causes, origins or nature, arising from the use and/or non-use of the Website, or from reliance on any information derived directly or indirectly from the Website, including, but not limited to, costs arising from the imprudent purchase of Products and/or services offered on the Website, loss of profit, loss of customers, loss of data or other losses of intangible assets.
5 – THE ONLINE SHOP – THE SELLER
The Website provides access to the online shop hosted on it and allows users, subject to registration and the creation of a personal account, to purchase perfumes and products from Maison Montale.
Before placing a purchase order, the User must carefully read the descriptions of the perfumes and goods they are interested in and must also accept and keep a copy of the General Terms and Conditions of Sale, which can be viewed at https://montaleparfums.com/ita/en/content/14-general-sales-conditios ; please refer to this page for any further information.
The sale is carried out by MM Profumi S.r.l., the exclusive importer for Italy of all Montale-branded products, with its registered office in Milan, Corso Giuseppe Garibaldi No. 50, tax code and VAT number 07593580967, registered in the Milan Companies Register under No. 07593580967, and with an operational unit (the Montale Boutique) situated in Milan, Via Brera No. 6 (telephone 02 8355 2749; email boutiquemontalemilano@mmprofumi.it).
Sales are restricted to Consumers (natural persons acting for purposes unrelated to any business, commercial, craft or professional activity they may carry out) who are of legal age and who are resident or, in any event, permanently domiciled in Italy.
6 – PERSONAL ACCOUNT
To place orders, the User may either proceed as an unregistered guest or register on the website and create a personal account by providing the following information:
- first name and surname;
- date of birth;
- residential address;
- telephone number;
- email address;
- delivery address for the products ordered.
The User undertakes to provide accurate and up-to-date information and not to activate more than one personal account at the same time.
Access to and use of the personal account are restricted to the User in whose name it is held and are subject to the entry of a password chosen and set by the User.
The User undertakes to use a secure password, to keep it confidential, not to disclose it to third parties and to update it frequently.
The User further undertakes to ensure that no one else uses their personal account, and to report promptly to the Seller any unauthorised access or fraudulent use of their login details and personal data.
The Seller reserves the right to suspend access to the personal account at any time and to carry out any necessary checks regarding its use in accordance with the general terms and conditions of sale (published at https://montaleparfums.com/ita/en/content/14-general-sales-conditios ), whilst informing the User of the suspension and the checks being carried out.
7 – DELETION OF THE PERSONAL ACCOUNT
The User may, at any time, request the deletion of their personal account by sending a request to the following address: privacy@mmprofumi.it
Following the deletion of their account, the User will no longer be able to place orders via the Website’s online shop. This is without prejudice to the option to re-register and open a new account, or to place an order as a guest without registering.
8 – CHANGES TO THE WEBSITE
The images, audio-visual materials, descriptions, information, offers, catalogues and, in general, all content accessible via the Website are selected, published and constantly updated by CLD - Creation Luxe Design in accordance with the free business and commercial decisions of these companies.
CLD - Creation Luxe Design reserves the right at all times to amend, expand, replace and/or remove, at any time, the content and information published on the Website, and/or to suspend access to or restrict the visibility of the Website and its content for business, commercial, technical and/or administrative reasons, for example in order to carry out maintenance, enhancements and/or updates to the Website and its features, the catalogues featured therein and everything else available to users.
The User acknowledges and accepts that CLD - Creation Luxe Design shall not, under any circumstances, be held liable for any consequences, whether direct or indirect, arising from the use of the Website and its content, or from the inability to access it, as well as from any modification, suspension or interruption of any content or function accessible via the Website itself.
CLD - Creation Luxe Design is therefore exempt from any liability and/or warranty, whether express or implied, including any warranty regarding the continuity, frequency, quality, variety and scope of the catalogues, offers and various content featured on the Website.
9. INTELLECTUAL PROPERTY
9.1 Trade Marks and Intellectual Property
The User acknowledges and agrees that the Website contains confidential information protected by intellectual property law.
The owner of the trade marks featured on the Website is CLD Création Luxe Design, 68 Rue Pierre Charron, 75008 Paris – France, which holds the relevant rights and has expressly authorised MM Profumi S.r.l. to advertise and market its products on this Website. All intellectual property rights in the Website, including, by way of example only, databases, software, designs and images, and in any event any other content on the Website (the ‘Protected Material’), are the exclusive property of CLD Création Luxe Design. The User must not engage in any activity aimed at infringing CLD Création Luxe Design’s rights in its trade mark and/or logo, such as, by way of example only: copy, reproduce, publish, modify, create derivative works, or otherwise exploit the Website or any part of its content, including, by way of example only, incorporating or creating a link to the Website or any part of its content; access or use the Website or any part of its content for commercial purposes or for any other purpose that competes with CLD Création Luxe Design and/or its Licensors; nor may you use the Trade Marks and/or logos contained therein. CLD Création Luxe Design reserves the right to take legal action to seek compensation for damages in the event of infringement of the Trade Marks and/or in any case of infringement of its intellectual property rights.
10. SOCIAL MEDIA
The User may share certain information (product details, images, news) available on the Website on social media platforms (such as, for example, Facebook, Instagram, etc.). The content made available for sharing must be used strictly for personal purposes only, excluding any commercial use on websites, web pages and/or any other digital medium for commercial purposes. Furthermore, content shared on social media platforms will be subject to the terms and conditions of use of each respective platform, which the User must therefore consult in advance. The User is solely responsible for the publication on social media platforms of content originating from the Website, and CLD Création Luxe Design cannot be held liable for the use of such content once it has been published on social media platforms. The User undertakes to indemnify and hold CLD Création Luxe Design harmless from any harmful consequences arising from the User’s publication on social media of any content originating from the Website and/or its combination with any other content.
11 – PERSONAL DATA
All personal data provided by Customers who register and create a personal account will be used solely for the purpose of ensuring the proper performance of contracts and the management of payments and refunds.
Before providing their data, Users must carefully read the privacy policy available at https://montaleparfums.com/ita/en/content/16-privacy-policy .
By completing the registration process, the User confirms that they have read, fully understood and accepted in full the privacy policy and the terms and conditions set out therein.
This document may be saved and/or printed by any interested party.
12 – GOVERNING LAW AND JURISDICTION
These terms of use and the contracts entered into with the Seller (see the general terms and conditions of sale published at https://montaleparfums.com/ita/en/content/14-general-sales-conditios ) are governed by Italian law and, in particular, by the provisions designed to protect consumers’ rights, including the applicable rules regarding the competent court.
